
Pass /..^p^S^f 
Book n C> 



Ipd 



IQO^. 



COMPILATION 



OF THE 



SCHOOL LAWS 



OF THE 



Territory of Ndv flExico. 



PREPARED UNDER THE SUPERVISION 

OF 

J. FRANCO CHAVES, 

SUPERINTENDENT OF PUBLIC INSTRUCTION, 
Santa Fe, New Mexico. 



SANTA FE, N. M. 

El Boletin Popular Printing Co. 

1903. 



IQO^. 



ii 



COMPILATION 



OF THE 



SCHOOL LAWS 



OF THE 



Territory of /New Mexico, 



PREPARED UNDER THE SUPERVISION 

OF 

J. FRANCO CHAVES, 

SUPERINTENDENT OF PUBLIC INSTRUCTION, 
Santa Fe, New Mexico, 



SANTA FE. N. M. 

El Boletin Popular Printing Co. 

1903. 






THIS VOLUriE IS TERRITORIAL PROPERTY 

And is for the use of . . 

of School District No 

County of Territory of New Mexico. 



School officers on retiring from office are required by law 
to deliver this volume, with all other books and documents 
of an official character, to their successors in office. 



'Pt transfer 

AFH 101903 



COMPILATION 

OF THE 



SCHOOL LAVS OF ^EV nEXICO, 



A COMPILATION OF THE SCHOOL LAWS OF THE TERRITORY OF 
NEW MEXICO, INCLUDING THOSE ENACTED BY THE LEGIS- 
LATIVE ASSEMBLY AT ITS SESSION IN I903. 



Section 15 14. (As amended.) There shall be a Territorial 
Board of Education which shall consist of seven members — 
the governor, the superintendent of public instruction, and 
five members to be appointed by the governor from among 
the heads of the territorial educational institutions, the presi- 
dent of St. Michael's College, of Santa Fe, and the superin- 
tendents of the schools in the four cities of the territory rank- 
ing highest in population at the time the appointment shall 
be made: Provided, That immediately after the; passage of 
this act the board shall consist of the governor, the superin- 
tendent of public instruction, the president of St. Michael's 
College, aforesaid, the president of the University of New 
Mexico, the president of the New Mexico College of Agricul- 
ture and Mechanic Arts, and of two other members to be ap- 
pointed by the governor from among the heads of territorial 
educational institutions, not already members of the board 
and the four city superintendents of schools aforesaid; and 
thereupon it shall be determined by lot at the first meeting of 
the board which of the members other than the governor and 
the superintendent of public instruction shall have his term 
of office expire on the first day of January, 1902, which on the 
first day of January, 1903, which on the first day of January, 
1904, which on the first day of January, 1905, and which on 
the first day of January, 1906; and each year, at the expira- 



COMPILATION OF THE SCHOOL LAWS 



tion of the term of office of a member, the governor shall ap- 
point his successor for a term of five years, and from among 
those persons who are made eligible by this act. The board 
shall meet at the office of the superintendent of public instruc- 
tion on the first ^Mondays of June and December, and at such 
other time on the call of the governor or a majority of the 
board as the public business may require. A majorit}^ of the 
board shall constitute a quorum for the transaction of business, 
and in the absence of the governor the board may elect a tem- 
porary presiding officer, who shall sign the journal. 

Sec. i=;i.v That the governor shall be president of said 
board, and shall sign the journal of each day's proceedings. 

Sec. 15 i6. The office of superintendent of public instruc- 
tion is herebv created, and the governor shall a2.i^cint, by and 
with the advice and consent of the Council, a duly qualified 
person to fill said office, who shall hold his office for two years 
and until his successor is appointed and qualified. The super- 
intendent of public instruction shall receive for his salary the 
sum of two thousand dollars per annum, payable monthly on 
the warrant of the auditor on the territorial treasurer, 
and also traveling expenses not to exceed five hundred dollars 
per annum: the said superintendent of public instruction 
shall be secretary of said board, and shall keep a faithful and 
correct record of its proceedings, and shall keep the said 
record open at all times for inspection; a copy of said record, 
certified by the secretary', of the board, shall be in all cases 
received as evidence equal with the original. 

Sec. 15 17. (Repealed.) 

Sec. 1 5 18. That the superintendent of public instruction 
shall, before entering upon the duties of his office, take and 
subscribe an oath or affirmation, to support the Constitution 
of the United States and the laws of the Territory of New 
jMexico, and faithfully to discharge the duties of the office, 
which oath or affirmation shall be filed in the office of the Sec- 
retary of the territory. 

Sec. 1 5 19. That it shall be his duty to visit each county 
at least once a vear and as much oftener as consistent with the 



OF THE TERRITORY OF NEW MEXICO. 



discharge of his other duties, for the purpose of holding- a 
teachers' institute and of awakening an interest in the cause 
of education throughout the territory; such institute sliall be 
held for at least two days in each county each year. He 
shall file and carefully preserve in his office the official reports 
made to him by the county superintendents of the several coun- 
ties, trustees or directors of academies or colleges. 

Sec. 1520. That it shall be his duty to recommend the 
most approved text books in English, or in English and Span- 
ish, for the comm,on schools of the territory, after the same 
have been adopted by the Territorial Board of Education ; and 
such text books, when adopted, shall not be changed for a 
period of four years. 

Sec. 1 52 1. That he shall prescribe and cause to be pre- 
pared in English and Spanish, all forms and blanks necessary 
in the details of the common school system, so as to secure 
its uniform operation throughout the territory, and to cause 
the same to be forwarded to the several county superintend- 
ents, to be by them distributed to the several persons entitled 
to receive the same. He shall cause to be published, as needed, 
as many copies of the school laws in force, with such forms, 
regulations and instructions as he may judge expedient, 
thereto annexed, and shall cause the same to be forwarded to 
the county superintendents for distribution. 

Sec. 1522. That he shall prepare in each year a report for 
publication, bearing date of the last day of December^ contain- 
ing a statement of the number of common schools in the terri- 
tory, the number, age and sex of pupils attending the same, 
and the branches taught, and value of school property; also 
of the number of private and select schools in the territory, so 
far as the same can be ascertained, and the number, age and 
sex of pupils attending the same, the branches taught, the 
number of academies and colleges in the territory, and the 
number, age and sex of students attending them, and such 
other matters of interest as he may deem expedient, drawn 
from the reports of county superintendents, trustees and school 
boards, of the several counties in the territory. 



COMPILATION OF THE SCHOOL LAWS 



Sec. 1523. That he shall have an office at the seat of gov- 
ernment, where shall be kept all books and papers appertaining 
to the business of his office, and copies of all papers filed in 
his office. His official acts may be certified by him, and when 
so certified shall be entitled as evidence equally and in like 
manner as the original papers, and he shall deliver to his suc- 
cessor within ten days after the expiration of his term, all 
books, papers, documents and other property belonging to his 
office. 

Sec. 1524. That a superintendent of schools for each 
county shall be elected at each general election and hold his 
office for two years, or until his successor is elected and quali- 
fied. 

Sec. 1525. That the county superintendent shall have 
charge of the common school interests of the county. He 
shall, before entering upon the discharge of the duties of his 
office, take and subscribe an oath or affirmation, to support 
the Constitution of the United States and the laws of the Ter- 
ritory of New Mexico, and faithfully to discharge the duties 
of his office, which oath or affirmation shall be filed in the 
office of the county clerk. He shall also give bond in the 
sum of two thousand dollars, to be approved by and filed with 
the board of county commissioners of his county. 

Sec. 1526. (As amended.) (Laws 1901.) That he shall 
also, on the first Monday in January, April, July and October 
of each year, or as soon thereafter as he has received the 
certificate of the Territorial Board of Education, signifying 
the amount appropriated to his county for the use of common 
schools for the current year, apportion such amount, together 
with all the county school fund, for the same purpose, to the 
several districts within the county, in proportion to the number 
of children residing in each, over five and under twenty-one 
years of age, as the same shall appear from the last annual 
reports of the clerks of the respective districts, and he shall 
immediately certify such apportionment to the directors of 
the respective districts, and to the county treasurer, who 
shall credit the several school districts on his books with the 



OF THE TERRITORY OF NEW MEXICO. 



respective sums apportioned to them. Provided, That no 
district shall be entitled to receive any portion of the common 
school fund in which a common school has not been taught 
at least three months during the twelve months preceding. 
It shall also be his duty to visit each of the schools within his 
jurisdiction at least once a year, and he shall also see that the 
annual report of the clerks of the several school 
districts of his county are made correctly and in due time. 
In conjunction with two competent persons, appointed by the 
judge of the District Court wherein the county is situated, he 
shall make examination of all applicants to teach, and when 
duly satisfied of their competency, shall grant them a certifi- 
cate: Provided, That said superintendent, with one of said 
persons so appointed, shall constitute a quorum of said exam- 
ining board. Said certificates shall be of three grades, and 
such examination shall be necessary for the three grades as 
the territorial superintendent shall designate, and in school 
districts where the only language spoken is Spanish, the 
teacher shall have a knowledge of both English and Spanish. 
Each member of said examining board shall receive, five dol- 
lars per diem, and no more, for his services, to be paid from the 
county school funds. 

The Territorial Board of Education shall annually prepare 
or cause to be prepared four sets of examination questions, 
upon such subjects as it may elect, for applicants for first and 
second class teachers' certificates, to teach in the several school 
districts, independent districts and incorporate towns and 
cities of the territory; and such board shall send one of such 
sets, sealed, to each of the county superintendents seven days 
before the last Friday in August and November, and on such 
last Fridays as aforesaid, the said county superintendents 
shall open the sealed questions in the presence of the assembled 
applicants for teachers' certificates, and the examining board, 
and shall at once proceed to hold examinations on such ques- 
tions. Special examinations may be held in counties of the 
first class at other times when necessary at the discretion of 
the examining board. The examining board shall grade the 



COMPILATION OF THE SCHOOL LAWS 



applicants on the examinations so held, and shall immediately 
send the papers of the applicants, together with the grade it 
has given them, to the Territorial Board of Education, or its 
representative, to be revised if deemed proper. This revision 
shall be final, and the examining board holding the examina- 
tion shall, on notification, immediately issue a certificate to the 
applicant to accord with the action of said Territorial Board 
of Education ; but in the absence of such revision and pending 
such revision the grade given by the examining board shall 
stand. All applicants receiving a -general average grade as 
high as 90 per cent., with no grade in any one branch lower 
than 70 per cent., shall receive first class certificates, entitling 
them to teach for three years throughout the territory; and 
those receiving a general average grade as high as 70 per cent., 
with no grade in any one branch lower than 50 per cent., shall 
receive second-class certificates entitling the recipients to teach 
for two years within the county in which granted, and which 
may be honored in other counties, for time specified in the cer- 
f;ificate only, at the 'di^;=€©&9«?^ the county superintendents 
of said other counties. Third class certificates, entitling the 
recipient to teach for one year within the comity in which 
granted, may be granted as now provided by law. The mem- 
bers of such examining board shall not be paid for more than 
six days' services for any one examination session in counties 
other than those of the first class. Holders of first class certifi- 
cates may have themi renewed within any county at the discre- 
tion of the superintendent of said county without a formal 
re-examination, in case evidence is shown of successful experi- 
ence in teaching and faithful attendance to duty: Provided, 
That no such renewal of any certificate shall be made by any 
county superintendent without the consent of the Territorial 
Board of Education; but in the absence of such renewal, all 
first-class certificates shall be void at the expiration of three 
years from their date. All second-class certificates shall be 
void at the expiration of two years from their date, and all 
third-class certificates at the expiration of one year from their 
date. Certificates, good only in the district in which granted, 
may be issued by the authority of boards of education in 



OF THE TERRITORY OF NEW MEXICO. 



incorporated cities or towns, and shall be valid and sufficient 
for teachers in said districts for such periods as said board may 
prescribe. A leg^ally qualified teacher, to teach in any school 
district, independent district or incorporated town or city, 
shall be one w^ho has been certificated as prescribed 
in this act, and who possesses a certificate of at- 
tendance upon some county or city normal insti- 
tute, or summer school, or has an approved excuse ior- 
non-attendance; and in school districts where the only lan- 
guage spoken is Spanish the teacher shall have a knowledge 
of both Spanish and English. Any county superintendent, 
or member of a school board, or county treasurer who shall 
directly or indirectly cause the public school funds to be paid 
for teachers' services to any other person than a legally quali- 
fied teacher under the provisions of this act shall be guilty of 
a misdemeanor, and upon conviction thereof shall be fined in 
a sum not less than one hundred dollars ($100.00) nor more 
than five hundred dollars ($500.00) for each and every of- 
fense, and may be removed , from office by the governoi/: 
Provided, No first-class certificate shall be issued, nor shall 
any person be entitled to a first-class certificate, until he or she 
has procured the same by examination as provided for in this 
act. 

Sec. 1527. TTiat whenever a school district shall be formed 
in any county, the county superintendent shall within fifteen 
days thereafter prepare and post a notice of the formation 
of such district, describing its boundaries and stating the num- 
ber thereof and appointing a time and place for the first dis- 
trict meeting, and shall also furnish the county clerk with 
the description and boundaries of each school district as soon 
as practicable after the same is formed. He shall, on or before 
the fifteenth day of October of each year, make out and trans- 
mit in writing to the territorial superintendent, bearing date 
of October one, a report containing the statement of the num- 
ber of school districts in the county, and the number, age and 
sex of children residing in each over five and under twenty-one 
years of age; the number of schools in the county, the length 



COMPILATION OF THE SCHOOL LAWS 



of time each school has been taught; the number, age and sex 
of pupils attending the same; the number and sex of teachers 
employed, branches taught, and text books used; the number 
of private or select schools or academies in the county, so far 
as the same can be ascertained; the number, age and sex of 
pupils and teachers employed, and the branches taught in 
each ; the amount of public money received in each district ; 
the amount of money raised by taxes, and paid for teachers' 
salaries, in addition to the amount of public money raised by 
tax or otherwise for the purpose of purchasing sites for school 
buildings, repairing and furnishing school houses, and such 
other information as the territorial superintendent may desire. 

Sec. 1528. That every county superintendent who shall 
willfully neglect or refuse to make and deliver to the terri- 
torial superintendent his annual report, as required by this 
act, within the time limited therefor, shall be liable on his bond 
for the full amount of money lost to the county by such neg- 
lect or refusal, with the interest thereon at 12 per centum per 
annum, to be recovered by the county treasurer in the name 
of the county, froni the bondsmen of said Superintendent. 

Sec. 1529. That each of the school districts of the different 
counties as now constituted, is hereby declared to be a school 
district, until changed under the provisions of this act, and 
there shall be established in each district one or more schools 
in which shall be taught orthography, reading, writing, arith- 
metic, grammar, geography, the English language, and the 
history of the United States. 

Sec. 1530. That each school district shall be a body cor- 
porate by the name and style of School District Number , 

of the County of , and by such name may contract and 

be contracted with, sue and be sued, in any of the courts of 
this territory having competent jurisdiction; and every such 
district shall hold, in the corporate name of the district, the 
title of lands and other property which may be required by said 
district for school purposes. 

Sec. 1 53 1. That hereafter no school district shall be ere- 



OF THE TERRITORY OF NEW MEXICO. 



ated or divided unless it is done by a petition signed by twenty- 
five heads of families who are the parents of children of school 
age. That no school district shall be hereafter created or 
divided unless there shall be twenty-five children at least of 
school age in the new district, and leave at least fifty children 
of school age in the district or districts from which such new 
district is taken. 

Sec. 1532. (As amended.) That on the second Monday 
of May, 1 89 1, the present county school superintendents of the 
respective counties shall cause to be posted notices in at least 
three public' places in each school district, calling an election 
to be held 'for three school directors of said district, on the first 
Monday in June following; said election to be held by three 
property holders in said district, to be named in said notice, 
and after said election is held, the three directors elected shall 
hold ofiice for one year and until their successors are elected 
and qualified, and the judges of election shall certify the result 
to the countv superhitendent. On the second Mcnda}^ of May 
of each succeeding year the directors serving at that time shall 
post notices of an election to be held by them on the first Mon- 
day in June by the qualified voters for three school directors, 
whose term shall be one year. Only legal voters, residing and 
paying taxes in said district, shall be qualified to vote at said 
election ; the votes shall be by written or printed ballots,. and thf 
election shall be held between the hours of 8 a. m. and 5 p. m. 
on the first Monday of June, at the public school house or 
some other convenient place to be specified in sa'id notice; the 
result of said election shall be certified by said directors to the 
Count}'' Superintendent, and the term of office of said direc- 
tors shall begin on the first Monday of July following their 
election. The directors so elected shall take and file with 
the county superintendent, before the first Monday of Jul)'', 
an oath that they will faithfully perform the duties of their 
office ; said oath shall be administered by the judges holding 
the election first provided for, and at subsequent elections by 
the directors serving, and in said oath shall be set forth the 
number of said school districts. Any school director who 



10 COMPILATION OF THE SCHOOL LAWS 

shall fail to call the election and post the notices therefor, or 
to correctly certify the result of such election as required in 
this section, shall be deemed guilty of malfeasance in office, 
and shall be disqualified from a^ain holding said office by ap- 
pointmjent or otherwise for a period of one year thereafter, 
and shall be summarily removed by the superintendent of 
schools, and shall be fined not less than twenty-five dollars 
nor tnore than otle hundred dollars, or imprisoned in the 
county jail not less than twenty-five nor more than one hun- 
dred days, the said fines to go to and become a part of the 
school fund of the district in which such person was a director. 
And it is hereby made the duty of the county school superin- 
tendent so removing a director to make affidavit of the factt 
to the district judge, or before any justice of the pea,ce, and to 
act as prosecuting witness against said director. The said 
school directors shall truly canvass the vote cast at the election 
and send the ballots to the county school superintendent, 
together with their certificate of election, where said ballots 
shall remain in his custody for the period of thirty days, during 
which time notice of contests may be given by any person 
interested. If no such notice shall be given within such period, 
the county school superintendent shall destroy such ballots.. 
But if such notice of contest be given, it shall be his duty to 
turn the same over, in exactly the same condition as they 
were received by him, to the Probate Clerk of his county, 
where they may be examined under tlie same terms and condi- 
tions as ballots in other cases of contested elections for county 
officers, and the same provisions shall apply to a contest for 
the position of school director as is provided by law for con- 
testing other county officers. 

Sec. 1533. That five days a«fter their qualification the 
school directors shall meet and elect a chairman and a clerk, 
and two directors shall constitute a quorum, which shall be 
competent to discharge all the duties of a full board. Should 
a vacancy occur from any cause, notice shall be given to the 
county superintendent by the directors or a director, and 
thereupon said county superintendent shah appoint a director 



OF THE TERRITORY OF NEW MEXICO. 11 



to fill such vacancy until the next election. They shall have 
the care and keeping- of the school house and other property 
belonging to the school district, and are hereby authorized to 
open the school houses for the use of religious, political, liter- 
ary, scientific, mechanical, agricultural and industrial societies 
belonging in their district, for the purpose of holding business 
or public meetings of said societies. 

Sec. 1534. (As amended by Chapter ^2, Laws 1903.) 
That the school directors of the several districts shall have 
power and are hereby required to provide, as soon as prac- 
ticable, school house sites, proper school houses, and sufficient 
fuel for the schools established by this act or any prior act; 
they shall pay teachers' wages and interest on school house 
bonds, as provided in section one thousand and five hundred 
and thirty-five, and for that purpose they are empowered to 
levy a tax when necessary, not exceeding five mills on the 
dollar in any one year on the taxable property of their respect- 
ive districts : Provided, That any school district, upon a ma- 
jority vote of the legal taxpayers thereof, at a regularly called 
election for the purpose, may have power to levy for school 
purposes not to exceed seven and one-half (7.5) mills, includ- 
ing the five (5) mill levy hereinbefore authorized for such 
purpose. 

Sec. 1535. It shall be their duty to make an estimate for 
such tax le\w on or before the third Monday of July of each 
3^ear, of the amount of money necessary for teachers' wages 
for at least six months in each year_, and to purchase or lease 
suitable sites for school houses, and to keep in repair and 
provide said school houses with necessary fuel and furniture, 
books and stationery, for the board and district meetings, and 
defray all other contingent expenses of the district, including 
interest on school house bonds, which tax levy shall be voted 
upon by the qualified voters of said district, and if concurred 
in by a majority of such said voters of said district, it shall 
be certified by the board of county commissioners of the 
proper county, and if said commissioners decide such election 
legal, this tax shall then be collected by the sheriff or tax 



12 COMPILATION OF THE SCHOOL LAWS 

collector, as other school taxes are now collected and accounted 
for: Provided, That no board shall issue warrants or certifi- 
cates of indebtedness of the school district, in excess of the 
amount of the levy for one year, but all school orders shall 
draw 6 per cent interest per annum after having been pre- 
sented to the county treasurer and not paid for want of 
funds, which fact shall be indorsed upon the order by the 
treasurer ; and they shall further have power to levy a special 
tax not exceeding five mills on the dollar of taxable property, 
for the purpose of creating a sinking fund to pay off school 
house bonds, as provided for in section one thousand five hun- 
dred and forty-three. Tlie directors of the several school 
districts shall also employ and pay school teachers under the 
restrictions imposed by this act, and shall have the general 
control and management of the schools in their respective 
districts, subject to such supervision as shall herein be con- 
ferred upcn the ccunty superintendent; and the directors in 
the several school districts in the territory shall, on or before 
the first day of September of each year, make an enumeration 
of all uui.'.iarried persons between five and twenty-one years 
of age, giving the names, ages and sexes of such persons in 
full, an'i reporting the same in writing, which shall be signed 
by all the dh-ectors to the county superintendent, within 
fifteen days thereafter. All resident unmarried persons be- 
tween said ages shall be entitled to attend the schools of their 
districts. The clerks of the several school districts shall, on 
or before the first day of May of each year, make a report to 
the count}^ superintendent in writing, showing the amount 
of money collected and expended for school house sites, school 
houses, and fuel, interest on school house bonds, contingent 
expenses, and for salaries paid teachers, within the twelve 
months preceding. Any school director who shall willfully 
refuse or fail to make any report or perform all the duties 
required by this section, shall be deemed guilty of a misde- 
meanor, and on conviction before the district court of the 
proper county, shall be punished by a fine or not more than 
one hundred dollars, or by imprisonment in the county jail 



. OF THE TERRITORY OF NEW MEXICO- 13 

for a period not exceeding sixty days, in the discretion of the 
court. 

Sec. 1536. That every person employed to teach a school 
established by this act, or any acts now in force, shall keep a 
proper record, and at the end of each term, make a report 
to the county superintendent, showing' the whole number of 
pupils that have attended school during such term, giving the 
names, ages and sexes, the average daily attendance, the 
branches taught, and such other facts as may be deemed im- 
portant as showing the character of the school and the pro- 
ficiency of the pupils; and for failure to make such report, 
he may be fined in the sum of not more than fifty dollars, upon 
conviction before any justice of the peace. No person shall 
be paid any money for teaching any school established under 
this act until an order is presented, signed by two of the 
school directors of the proper district and endorsed by the 
county superintendent. 

Sec. 1537. (As amended by Section lo. Chapter io8. Laws 
1903.) That the territorial auditor shall annually, on or be- 
fore the first day of May of each year, levy a tax of two (2) 
mills on the dollar upon all taxable property in the territory, 
and certify the same to the county collectors of the several 
counties, who shall collect the same as other taxes are cbl- 
lected. The money thus received shall not be spent for any 
other purpose than for paying the expense of collection, which 
shall not exceed 4 per cent, of the sum thus collected, and for 
paying the expenses of printing necessary forms of blank 
reports, school laws, the salaries of the county superintendents 
of public instruction, the expense of their offices and paying 
school teachers. And when said -taxes are collected the same 
shall be paid by the county collectors of the various counties 
of the territory into the treasuries of the counties 
to the credit of the general school fund of each county. 

Sec. 1538. That the county treasurers shall severally give 
bond, with two or more sureties, as treasurers of the school 
fund in their respective counties, in a sum which shall be 
fixed by the superintendent of public instruction at double 



14 COMPILATION OF THE SCHOOL LAWS 

the probable amount of the school funds which shall come 
into their hands; said bonds shall in no case be for a less 
amount than ten thousand dollars and shall be approved by the 
county superintendent of the proper count}' filed with the 
superintendent of public instruction. 

Sec. 1540. Any tax collector who shall fail to pay over all 
school money collected by him within thirty days after the 
tenth day of each month in which the same is collected, shall 
be summarily removed by the governor from the office of 
collector. 

If the tax collector be also sheriff, such delinquent shall 
also be removed from the office of sheriff and forever there- 
after be disqualified from holding either of said offices, and 
the governor shall appoint a successor, who shall qualify ac- 
cording to law, and who shall hold his office during the bal- 
ance of the time of the officer removed. It shall also be the 
duty of the collector of taxes to keep the accounts of special 
taxes levied by school districts, in separate books provided 
for that purpose. 

Sec. 1 541. That school districts shall have power and 
authoritv to borrow money for the purpose of erecting and 
completing school houses by issuing negotiable bonds of the 
district, to run any period of not less than twenty years fior 
exceeding thirty years, drawing interest at a rate of not to 
exceed six per centum per annum, with interest payable semi- 
annually, or annually, at such place as the board of directors 
issuing the same ma^jdirect, which said indebtedness shall be 
binding and obligatory on the school districts for the use of 
which said loan shall be m|ade; but no district shall permit a 
greater outstanding indebtedness than an amount equal to 
four per centum of the assessed value of the property of such 
district. 

Sec. 1542. That the directors of any school district may 
submit to the voters of their district at the annual or any 
special meeting called for that purpose, the question of issuing 
bonds as contemplated by this act, giving the same notice of 
such meeting as is now required to be given for the election 



OF THE TERRITORY OF NEW MEXICO. 15 

of directors by this act, and the amount proposed to be raised 
by the sale of such bonds, which question shall be voted upon 
by the qualified electors of the district, and if a majority of all 
the votes cast upon that question be in favor of the issue of 
such bonds, then said board shall issue bonds to the amount 
voted, in denominations of not less than twenty-five dollars, 
nor exceeding five hundred dollars, due not less than twenty, 
nor more than thirty years after date, and redeemable at the 
pleasure of the district at any time after ten years, which said 
bonds shall be given in the name of the district issuing them 
and shall be signed by the president of the board of directors 
and approved by the county superintendent and be delivered 
to the county treasurer, taking his receipt therefor, and said 
county treasurer shall advertise for the sale of said bonds 
to the highest bidder, in at least four issues of some weekly 
paper published in his county, or an adjoining county, and 
shall countersign said bonds when negotiated; the county 
treasurer shall place the proceeds of such sale of bonds to the 
credit of the proper district, to be paid out as provided for in 
the manner of special district tax. The county treasurer 
shall stand charged upon his official bond with all bonds that 
may be delivered to him, but any bond or bonds not sold may 
be returned to the district and the treasurer credited with 
the same: Provided, That if such bonds are issued for the 
building of a school house, that the contractor constructing 
the same may receive in payment such bonds at their face 
value, or at the price offered by the highest bidder. Provided, 
further, That none of the bonds mentioned in this act shall be 
sold for less than ninety cents on the dollar. 

Sec. 1543. (As amended by Chapter /4, Laws 1903.) 
That a special levy, not exceeding seven and one-half (7.5 ) 
mills, may be levied by tke district board in the same mannet 
as such levy is made for general expenses in section 1535) ^^^^^ 
II, chapter i. Compiled Laws of 1897, to be used as a sink- 
ing fund for the payment of outstanding bonds and for enlarg- 
ing school houses or building additional school buildings: 
Provided, No levy shall be made for the creation of a sinking 



16 COMPILATION OF THE SCHOOL LAWS 

ftmd at less period than ten years after such bonds have been, 
issued. The sinking fund may be applied by the directors 
to the purchase and .cancellation of outstanding" bonds of the 
district, and to the building- of additional school houses or the 
enlargement of their present school buildings. 

Sec. 1544. All property, personal and real, situated in 
each school district, shall be subject to the general three mills 
levy, and also to the sinking fund bond levy, and also to the 
five mills special levy, for the purpose of this act and no 
further. 

Sec. 1545. That no bonds of any district shall be issued 
or any special tax levied until the boundaries of said districts 
shall have been established and the property marked by monu- 
ments or by natural objects as provided by law. The bounda- 
ries of all school districts in this territory,, so far as possible, 
shall coincide with the precinct boundaries, and said bounda- 
ries shall be established by the proper authorities, and the 
corners thereof marked by monuments or natural objects with 

the words. District Number , in a permanent manner 

marked upon them ,and an outlined map of the district made, 
showing the length and breadth thereof, and the proposed 
location of the school house; a copy of the said map to be filed 
with the county superintendent. 

Sec. 1546. That the county superintendent, the president 
of the school district, and some competent person, the county 
surveyor, should there be one appointed by the county com- 
missioners, shall constitute the board, whose duty it shall be 
to establish corners, boundary lines, and draw the map con- 
templated in section one thousand five hundred and forty-five ; 
the ex^^ense of such proceedings to be charged to the county 
wherein the district is situated and to be allowed by the Board 
of comity commissioners thereof, and not to exceed the sum 
of ten dollars for each district. 

Sec. 1547. That in any school district where a special tax is 
in contemplation of being levied, or of bonds being issued, and 
after the boundaries of the district have beeen properly deter- 
mined and marked for that purpose, it shall be the duty of the 



OF THE TERRITORY OF NEW MEXICO. 17 



county assessor to visit said district and make an assessment 
of all taxable property, both personal and real, within said 
school district, as fully and completely as he is now required 
to make the assessment of the county, and he shall be g-overned 
by the same rules, especially including- in such assessment all 
kinds of live stock which graze wholly within the limit of 
such district. The county assessor shall provide each board 
of district directors with a copy of such lists of taxable prop- 
erty in the several districts. 

Sec. 1548. (As amended by Sees. 17 and 19, Chapter 119, 
Laws of 1903.) That the following are hereby declared to be 
and are to be, temporary funds for common school purposes 
and shall be paid to the county treasurer to be applied by the 
county treasurer to the general school fund of each respective 
county : 

First. The proceeds of all sales of intestate estates which 
escheat to the territory. 

Second. All forfeitures or recoveries on bonds of county, 
precinct or territorial officers. 

Third. The proceeds of all fines collected for violation of 
the penal laws. All moneys accruing under the provisions 
of this section shall, on or before the first Monday in January, 
April, July and October in each year, be paid into the county 
treasury by the officer collecting the same, who shall take 
duplicate receipts therefor, one of which he shall file in the 
office of the county clerk, and all officers who fail for two 
consecutive terms to make such payment and file said duplicate 
receii:ts with the county clerk, or who shall have failed to 
make quarterly reports as now required by law, shall be sub- 
ject to summary removal from office by the board of county 
commissioners at the next regular meeting thereafter, and 
shall also be liable to indictment for malfeasance in ofiice and 
false swearing, and the person so indicted shall upon convic- 
tion thereof be ineligible to hold said office for the period of 
two years thereafter; and judges of the district court are 
herebv required at each term to give this section of the law 
a special charge to the grand jury, which body is authorized 



COMPILATION OF THE SCHOOL LAWS 



to especially inquire into and make presentment of offenses 
committed under this act. 

Fourth, The proceeds of the sales of lost g"Oods or estrays. 

Fifth. All moneys arising from licenses imposed upon 
wholesale and retail liquor dealers, distilleries, breweries, wine 
presses, which now pay license or may hereafter be required 
to pay license. 

Thirty-three and one-third per cent, of all the moneys arising 
from the above enumerated sources, when collected, shall be 
paid in to the county treasurer to the account of the general 
county school fund of each county in which collected. The 
collector or person paying in the above enumerated moneys 
to the county treasurer shall receive from the county treas- 
urer a receipt in full for the amount paid in. 

County treasurers shall quarterly, on or before the third 
Monday in March, June, September and December in each 
year, notify the county superintendent of schools in their 
respective counties of all funds coming into their hands for 
public school purposes during the preceding quarter and the 
total amount of moneys on hand then available for public 
school purposes. 

Sec. 1549. (As amended by Sec. 5, Chapter 27, Laws 
1 90 1.) That a poll tax of one dollar shall be levied upon all 
able-bodied male persons, over the age of twenty-one years, 
for school purposes. It shall be the duty of the county as- 
sessor to make out separate lists of all persons liable to pay 
a poll tax in each district, and certify the same to the clerks 
of the several school districts, whose duty it shall be to collect 
the same, and said clerks shall receive ten per centum of all 
moneys collected from poll taxes. The district clerks are 
hereby empowered to bring suit in the name of the district,- 
for the collection of the same, if not paid within sixty day« 
after said lists have been received by the treasurer. 

All poll taxes shall be paid to the county treasurer for 
the use of the respective school districts in which the same are 
collected, and the treasurer shall pay to the district clerk 
his percentage on the gross amount collected. No property 



OF THE TERRITORY OF NEW MEXICO. 19 

shall be exempt from execution in suits for collection of poll 
taxes, and the justices of the peace and constables' shall not 
demand fees in advance in such suits. • 

Sec. 1550. That it shall be the duty of the district clerks 
to make at least one copy of the poll tax list as soon as received 
from the county assessor, and post them up in some con- 
spicuous place in their districts for the information of the 
people, and on or before the first Monday of April, the district 
clerks shall report to the county superintendent in writing 
the amount of poll tax collected, from' whom collected, th'e 
names of persons still delinquent, and the reason for the 
delinquency. 

Sec. 155 1. That on and after this act goes into effect, it 
shall be the duty of the county assessor to make separate 
rolls of the poll tax lists for the several school districts, and 
the said poll tax shall be collected as provided by this act. 

Sec. 1552. That it shall be lawful for any district to take 
and hold in its corporate name, under the provisions of this 
act, so much real estate as may be necessary for the location 
and construction of a school house and convenient schools: 
Provided, That the real estate so taken, otherwise than by 
consent of the owner, shall not exceed one acre. The site 
so taken must be situated on some public highway or thorough- 
fare. 

Sec. 1553. That if the owner of any such real estate refuse 
or neglect to grant the necessary site on his premises, then 
and in that case the directors may acquire title to so much of 
said land as is necessary for school purposes, in the manner 
now provided by law for the condemnation of land for rail- 
roads or other public purposes, and such lands so taken shall 
l;e deemed to be taken for public use. 

Sec. 1554. That it shall be lawful for communities, where 
lying contiguous in the same county, though in different pre- 
cincts, to form school districts according to the provisions of 
this act : Provided, That in such cases it shall be the duty of 
five of said petitioners to certify, under oath, the number of 
heads of families and children of school age belonging to the 



20 COMPILATION OF THE SCHOOL LAWS 

several parts or precincts sought to be joined in the new dis- 
trict. 

Sec. 1555. (As amended by Chapter 39, Laws 1903.) 
Sub Section i. That the school directors or board of 
any school district, town or city in this territory, are 
hereby empowered and required to compel parents, guardians 
or other persons having the control, care or direction of chil- 
dren, when such children do not attend some private or denom- 
inational school, to send such children under their control to 
the public school for at least three months in each year, except 
that children referred to in this act shall not be less than seven 
nor more than fourteen years of age, or of such physical disa- 
bility as to unfit them for school duties, which disability sha/1 
be certified to by some regular practicing physician. 

Sub Section 2. Any parent, guardian or other persons hav- 
ing the control of children and who shall fail or refuse to 
send such children to school as required by this act, after the 
clerk of the school district or the clerk of any town or city 
school board shall have given public notice containing the sub- 
stance of this act, written or printed in both English and 
Spanish, by posting same in some conspicuous place at three 
separate points within the district, or publishing the same in 
some newspaper within the district, shall be punished upon 
conviction thereof by a fine of not less than $5 nor more than 
$25, or by imprisonment for not more than ten days in any 
county jail : Provided, That if such parent or guardian is not 
able^ by reason of poverty, to buy books for any such child, it 
shall be the duty of any school board of any town, district 
or city, upon the facts being shown to the satisfaction of a 
majority thereof, to purchase, through the County Superin- 
tendent, or through the district, town or city superintend- 
ent, if there be one, the necessary books for the use of said 
child or children, which books shall be loaned to said indigent 
pupil during the school term, yet shall remain the property 
of the district under the care and custody of the district 
clerk : Provided further, That a sum not exceeding $50 may 
be expended in any district in any one year for supplying indi- 



'OF THE TERRITORY OF NEW MEXICO. 21 

g^ent children with such necessary books to be paid for out of 
the school fund of such district, by warrants drawn as in other 
cases : And provided also. That there is no school taught 
within two miles of the place of residence of said child by the 
nearest established road. 

Sub Section 3. County superintendents are hereby vested 
with g^eneral supervisory powers in this matter and shall re- 
quire directors to comply with the provisions of the preceding- 
section; and it shall be the duty of the presiding- judge of the 
district courts to give, at each session of the court, the sub- 
stance of this law as a special charge to their respective grand 
juries, and it is made the duty of the district attorneys to give 
particular heed to the prosecution of causes growing out of 
violations of this act ; and all fines so collected for the violation 
of this act shall be paid into the county treasury and placed 
to the credit of the school district in which the offense occurs. 

Sec. 1556. (As amended by Chapter 78, Laws 1901.) 
That pupils who are actual residents of a district shall be per- 
mitted to attend school in the same, regardless of the time 
when they acquire such residence, whether before or after 
the enumeration. That any teacher, school directors_, or mem- 
bers of any board of education connected with the common 
schools in this territory who shall refuse to receive any pupil 
at school on account of race or nationality, the said pupil being 
entitled to attend school in said district as hereinbefore pro- 
vided, shall be guilty of a misdemeanor, and upon conviction 
before any justice of the peace or district court, shall be fined 
in a sum of not less than fifty dollars nor more than one hun- 
dred, and imprisoned in the county jail for three months, and 
shall be forever barred from teaching school or to hold any 
office of honor or profit in this territory. 

Sub Section i. That the superintendent of the county is 
by this act required to summarily remove from office or em- 
ployment any person violating the provisions of the preceding 
section, and upon failure to do so he shall be removed from 
office by the superintendent of public instruction, who is 
hereby authorized and empowered to fill said vacancy. 



22" CDMPILATrON 0¥ THE SCHOOL LAWS" 



Sec. 1557. That the school month shall consist of four 
weeks, of five days each, and a school day shall consist of six 
hours. 

Sec, 1558. That the school fund derived from the g^eneral 
levy of three mills on the dollar of taxable property shall be 
paid directly by the several collectors to the treasurers of 
their' respective counties to the credit of the county school 
funds, and shall be apportioned as now provided by law, to- 
gether with all county school fund, by the county super- 
intendent of schools on the first Mondays in January, April, 
July and October. 

Sec. 1559. The actual necessary expenses of the members 
of the board of education, incurred in attending the meetings 
thereof, shall be audited by the auditor of the territory, and 
paid out of any school funds in the territorial treasury. 

Sec. 1560. That the following classes of property shall be 
exempt from taxation for school purposes: Property of the 
United States, of this territory, of counties, cities, towns 
and other municipal corporations, when devoted entirely to 
public use, and not held for pecuniai'y profit ; all public libra- 
ries; the grounds, buildings, books, papers and apparatus of 
literary, scientific, benevolent, agricultural and religious insti- 
tutions, and societies devoted exclusively to the appropriate 
object of those institutions, and not leased or otherwise used 
with a view to pecuniary profit; and cemeteries not held for 
pecuniary profit : Provided, That mines and mining claims 
shall pay a tax upon the net product and upon the surface im- 
provements only. 

Sec. 1561. All cities and towns now organized by virtue 
of the authority of former acts, and all cities and towns here- 
after organized under any law of this territory, shall be gov- 
erned by the provisions of this act. 

Sec. 1562. In each city or town governed by this act there 
shall be established and maintained a system of free common 
schools, which shall be kept open no less than three nor more 
than ten months in any one year, and shall be free to all chil- 
dren residing in such city or town, between the ages of five 



'OF THE TERRITORY OF NEW MEXICO. 



^nd twenty years. But the board of education may, when 
school room accommodatioris arq insufficient, exclude for the 
time bein^ children between the ages of five and seven years. 

Sec. 1563. Territory outside the city limits, but adjacent 
thereto, may be attached to such city or town for school pur- 
poses, upon apphcation to the board of education of such 
city or town by a majority of the electors of such adjacent 
territory, and upon such application being- made to the board 
of education they shall, if they deem it proper and to the 
best interests of the school of said city or town and the terri- 
tory seeking to be attached, issue an order attaching such ter-' 
ritory to such city or town for school purposes and to enter the 
sameuoon their journal, and such territory shall, from the date 
of such orcl-er, be and compose a part of such city or town for 
school purposes only, and the taxable property of such adja- 
cent territory shall be subject to taxation, and shall bear its 
full proportion of all expenses incurred in the erection of 
school buildings and in maintaining the schools of such city 
or town. • Whenever the territory so attached shall have at- 
tained a population equal to that of any ward of such city 
or town, or whenever the taxable property of such attached 
territorjr shall equal that of any one ward of such city or 
town, such attached territory shall be entitled to elect two 
members of the board of education, who shall be elected at 
the same time that other members of the board are elected, by 
the qualified electors of such territory, at an election to be held 
at such place as the board of education may designate. 

Sec. 1564. The public schools of each city organized in 
pursuance of this act shall be a body corporate, and shall pos- 
sess the usual powers of a corporation for nublic purposes, by 
the name and style of the Board of Education of the City (or 

Town) of , of the Territory of New Mexico, and in that 

name may sue or be sued, and be capable of contracting and 
being contracted with, of holding and conveying such real 
and personal estate as it may come into possession of by will 
or otherwise, or as is authorized to be purchased by the pro- 
visions of this act. 



2'4 COMPILATION OF" THE' SCHOOL LAWS' 

Sec. 1.565. Any city or town is hereby authorized and 
required, upon the request of the board of education of such 
city or town, to convey to said board of education all prop- 
erty within the limits of any such city or town heretofore 
purchased by any such city or town for school purposes and 
now held and used for such purpose, the title to which is vested 
in any such city or town. 

Sec. 1566. All conveyances for the property mentioned in 
the preceding section shall be signed by the mayor and at- 
tested by the clerk of said city or town, and shall have the 
seal of the city or town affixed thereto, and be acknowledged 
by the mayor of such city or town, in the same manner as 
other conveyances of real estate. 

Sec. 1567. At each annual city or town election, there 
shall be a board of education, consisting of two members from 
each ward, elected by the qualified voters thereof, one 
of whom shall be elected annually, and shall hold his ofHce for 
a term of two years, and until his successor is elected and 
qualified : Provided, That no member of the board of edu- 
cation shall be a member of the council or town trustees, nor 
shall any member of the council or town trustees be a member 
of the board of education. That all incorporated towns in 
the territory not laid off in wards shall at the next municipal 
election elect a board of education, consisting of three mem- 
bers, one of whom shall serve for the term of three years, one 
for the term of two years, and one> for the term, of one year, 
and thereafter at each annual election there shall be elected 
one member of the board, who shall serve for the term of 
three years. Each member of the board of education shall be 
a qualified voter of the Territory of New Mexico, and shall 
have resided in the district at least two years next preceding 
the election, and shall be a taxpayer. 

Skc. 1568. The board of education shall have power to 
fill any vacancy which may occur in their body : Provided, 
That aii}^ vacancy occurring more than ten days previous to 
the annual election and having an unexpired term of one year, 
shall be filled at the first annual election thereafter, and the 



OF THE TERRITORY OF NEW MEXICO. 25 

ballots and returns of elections shall be designated as follows : 
To fill unexpired term. 

Sec. 1569. The board of education shall have power to 
elect their own officers, except the treasurer ; to make their 
own rules and regulations, subject to the provisions of this 
act ; to organize and maintain a system of graded schools ; 
to establish a high school whenever in their opinion the educa- 
tional interests of the city demand the same, and to exercise 
the sole control over the schools and school property of the 
citv or town. 

Sec. 1570. The board of education at its regular meeting 
in May of each year, shall organize by the election of a presi- 
dent and vice-president from among its own members, each 
of whom shall serve for the term of one year or until their 
successors are elected and qualified; they shall also elect a 
clerk, who shall hold his office during the pleasure of the 
board, and who shall receive such compensation for his serv- 
ices as the board may allow. 

Sec. 1 571. The treasurer of the city or town shall be ex- 
officio treasurer of the board of education, and shall give 
such bond to the board of education as the board may require, 
said bend to be approved by the board of education and filed 
with its clerk. It shall be the duty of the treasurer to deposit 
daily all money belonging to the board of education, in some 
res";cnsib'ie bank, to be designated by the board of education, 
in the name of such treasurer as such officer, which bank shall 
pay interest on monthly average balances as may be agreed 
uijcn by such bank and the board of education, and before 
making such de::osit the board of education shall take from 
such bank a good and sufficient bond in a sum to be designated 
by the board of education, conditioned that such deposit shall 
be paid on the check or draft of said treasurer. I'he treasurer 
shall attend all the meetings of the board when required to 
do so ; shall prepare and submit in writing a monthly report of 
the fininces of said board, and shall pay school moneys only 
upon a warrant signed by the president, or, in his absence, by 
the vice-president, and countersigned by the clerk. The treas- 



26 COMPILATIOX OF THE SCHOOL LAWS 

urer shall receive from the beard of education fifty dollars 
per annum for his services as treasurer, and no more. 

Sec. 1572. Xo member cf the beard of education shall 
receive any pay or emolument for his services. 

Sec. 1573. It shall be the duty of the president to preside 
at all meetings of the board of education, to appoint all com- 
mittees, whose appointment is not otherwise provided for,, 
and to sign all warrants ordered by the board of education 
to be drawn upon the treasurer for school moneys. 

Sec. 1574. It shall be the duty of the vice-president to per- 
form all the duties of the president, in case of his absence or 
disability. 

Sec. 1575. It shall be the duty of the clerk to be present 
at all meetings of the board, to -keep an accurate journal of its 
proceedings, to take charge of its books and documents, to 
countersign all warrants for school moneys drawn upon the 
treasurer b)- order of the board of education, and to perform 
such other duties as the board of education or its committees 
may require. 

Sec. 1576. Before entering upon the discharge of his du- 
ties, the clerk of the board cf education shal'l give bond in 
the sum of one thousand dollars, with good and sufficient 
sureties, to be approved b}^ the board, conditioned for the faith- 
ful perform.ance of the duties of his office. 

Sec. 1577. The board of education shall, on or before 
the first day of August of each vear, lew a tax for the support 
of the schools of the city or town for the fiscal year next ensu- 
ing, not exceeding in any one year five mills on the dollar, 
on all personal, mixed and real property within the district 
which is taxable accordins: to the laws of the Territory of 
New Mexico for school purposes, which levy shall be approved 
bv the city council or town trustees, and when so approved 
the clerk of the board shall certify to it to the county clerk, 
who is hereby authorized and required to place the same on 
the tax roll of said county, to be collected by the collector of 
the county as, are other taxes, and paid over by him to the 
treasurer of the board of educat".:n of whom he shall take 



OF THE TERRITORY OF NEW MEXICO. 27 

a receipt in duplicate, one of which he shall file in his office, 
and the other he shall forthwith transmit to the clerk of the 
board of education. This section shall not be construed to 
change, alter, modify or amend section one thousand five hun- 
dred and fifty-eig-ht or any part of the act of which it is an 
amendment, with Reference to the amount to be raised by 
taxation for school purposes ; but the provisions of this section 
with reference to taxation for schools under this section, and 
said law shall be held and taken to be in addition to the pro- 
visions of the act above referred to in this section. 

Sec. 1578. The taxable property of the whole city or town, 
including- the territory attached for school purposes, shall be 
subject to taxation. All taxes collected for the benefit of 
the Schools shall be paid in money, and shall be placed in the 
hands of the treasurer, subject to the order of the board of 
education. 

Sec. 1579. The regular meetings of the Board of Educa- 
tion shall be upon the first Monday of each month, but special 
meetings may be held from time to time, as circumstances may 
demand. 

Sec. 1580. The beard of education, at the close of each 
school year, or as soon thereafter as practicable, shall make 
an annual report of the progress, prosperity and condition, 
financial as well as educational, of all the schools under their 
charge; and said report, or such portion of it as the board of 
education shall ccnsider of advantage to the public, shall be 
printed, either in a public newspaper or in pamphlet form, and 
a copy furnished the county and the territorial superintendent, 
ent. 

Sec. i.s8i. No exroiditure involving an amount greater 
than two hundred dollars shall be made, except in accordance 
with the provisions of a written contract, a.nd no contracl 
involving an expenditure of more than five hundred dollars, 
for the purpose of erecting any public buildings or making 
any improvements, shall be made except upon sealed pro 
prsals, and to the lowest responsible bidder. 

Sec. 1582. No sectarian doctrine shall be taught or incul 
cated in any of the public schools of the city or town. 



28 COMPILATION OF THE SCHOOL LAWS 

Sec. 1583. All property held by the board of education 
for the use of public schools shall be exempt from taxation, 
and shall not be taken in any manner for any debt due from 
the city. 

Sec. 1584. Any city o.r incorporated town in this territory 
which shall, by the action of its common council, trustees 
or school directors, have purchased any ground and building 
or buildings, or may hereafter purchase a^y ground and build- 
ing or buildings, or has commenced or may hereafter com- 
mence the erection of any building or buildings for school 
purposes, or which shall have by its school directors, common 
council or trustees, contracted any debts for the erection of 
such building or buildings, or the purchase of such ground and 
building or buildings, or such school directors, trustees or 
common council shall not have the necessary means with 
which to complete such building or buildings, or to pay for the 
purchase of such ground and building or buildings, or pay 
such debt, may on filing by the school directors, trustees or 
common council of said city or town of a report under oath 
with the board of education of such city or town, showing 
the estimiated or actual cost of any such ground and building 
or buildings, or the amount required to complete such building 
or buildings, or purchase such ground and building or build- 
ings, or the amount of such debt, it shall be lawful for the 
board of education to order an election for the issuing of 
bonds of said school district in said city or town, to an amount 
to liquidate such proposed indebtedness. And the said board 
of education are hereby authorized and empowered to issue 
such bonds in conformity with the requirements, and in like 
manner that school bonds are issued. And said board of edu- 
cation are authorized and empowered to issue bonds to raise 
funds for the purd'.ase of school site or sites, or to erect a 
suitable building or buildings thereon, or to fund any bonded 
indebtedness for school purposes of such city or town: Pro- 
vided, That no bonds shall be issued until the question shall 
be submitted to the people and a majority of the qualified elect- 



OF THE TERRITORY OF NEW MEXICO. 2^9 

ors who shall vote on the question, at an election called for 
that purpose, shall have declared by their votes in favor of 
issuing such bonds. The rate of interest on such bonds shall 
not exceed six per cent, per annum, payable annually or semi- 
annually, at such place as may be mentioned upon the face of 
said bonds, which bonds shall be payable in no less than 
twenty, nor more than thirty years from their date, and the 
board of education is hereby authorized and empowered to 
sell such bonds at no less than par. 

Sec. 1585. It shall be the duty of the mayor of each city 
or town governed by this act upon the request of the board 
of education, forthwith to call an election, to be conducted 
in all respects as are the elections for city or town officers in 
the same cities or towns, except that the returns shall be made 
to the board of education for the purpose of taking the sense 
of such district upon the question of issuing such bonds, nam- 
ing- in the proclamation of such election the amount of bonds 
asked for, and the purpose for which they are to be issued. 

Sec. 1586. The bonds, the issuance of which is provided 
for in the foregoing section, shall be signed by the president, 
attested by the clerk, and countersigned by the treasurer of 
the beard of education; and said bonds shall specify the rate 
of interest and the time when principal and interest shall be 
paid, and each bond so issued shall be for a sum of not less 
than fifty dollars. 

Sec. 1587. The board of education at the time of its 
annual levy of taxes for th.i support of schools, as hereinbe- 
fore provided, shall also levy a sufficient amount to pay the 
interest as the same accrues on all bonds issued under the pro- 
visions of this act, and also to create a sinking fund for the 
redemption of said bonds, which it shall levy and collect, in 
addition to the rate per cent, authorized by the provisions 
aforesaid for school purposes ; and said amount of funds, when 
paid into the treasury, shall be and remain a specific fund for 
said purpose only, and shall not be appropriated in any other 
way except as hereinafter provided: Provided, There shall be 
no levy for sinking fund until ten years after the issue of such 



30 COMPILATION OF THE SCHOOL LAWS 

bonds, if they be for twenty years; and twenty years after 
the issue if they be for thirty years, and the levy in any one 
year shall not exceed five mills on the dollar for such sinking- 
fund, and the total levy in any one year shall not exceed ten 
mills on the dollar for all purposes: Provided, further, That 
the levy for interest on such bonds as may be issued by such 
city or town shall not exceed in any one year an amount re- 
quired to pay the annual interest. 

Sec. 1588. Whenever the interest coupons of the bonds 
hereinbefore authorized shall become due, they shall be 
promptly paid, on presentation by the treasurer, out of any 
money in his hands collected for that purpose, and he shall 
endorse upon the face of such coupons in red ink the word, 
Paid, and the date of payment, and sign the initials of his 
name. 

Sec. 1589. The school fund and property of such city or 
town and territory attached for school purposes, is hereby 
pledged to the payment of the interest and principal of the 
bonds mentioned in this act, as the same may become due. 

Sec. 1590. It shall be the duty of the clerk of the board of 
education to register, in a book provided for that purpose, the 
bonds issued under this act, and all warrants issued by the 
board, which said register shall show the number, date and 
amount of said bonds, and to whom made payable. 

Sec. 1 59 1. Each member of the board of education and 
officer provided for in this act shall take and subscribe an oath 
or affirmation to support the Constitution of the United States 
and the laws of New Mexico, and faithfully perform the duties 
of his office. The oath and bond of the clerk shall be filed 
with the treasurer, and all other oaths and bonds shall be filed 
with the clerk. 

Sec. 1592. That all transfers of school district property 
heretofore made in any school district in this tsrritcrv are 
hereby declared valid and legal, and hereafter school district 
property shall not be transferred b}^ school boards, cxcert 
upon the petition of a majority of the qualified electors of 
any school rhstrict desiring such transfer. 



COMPILATION OF THE SCHOOL LAWS 3l 

Sec. 1593. The board of education of the territory of 
New Mexico shall have, and is hereby vested with full power 
to adopt a system of school books for the use of the public 
schools of this territory, and only the school books so adopted 
by the said board shall be used in any and all of the public 
schools of this territory. _ The board of education shall have 
power to contract with the publisher or publishers of text 
books adopted for use in the public schools in New Mexico, in 
the name of the territory and through the superintendent of 
public instruction for the purchase and delivery of said books 
under such re^gulations as the board may adopt. 

Sec. 1594. The books purchased in the name of the terri- 
tory shall be sold to the several counties for cash only, at cost, 
and freight added, and additional five per centum of amount 
of cost and freight, to cover necessary expenses. On the tenth 
of each month accounts of books purchased and sold shall be 
settled by the superintendent of public instruction; the text 
books shall be supplied by the publisher or publishers in quan- 
tities on the order of the superintendent of pulbic edacation 
of the territor}^, and on the first day of March and September 
of each year a full settlement shall be had between the territory 
and the contractors and a full report thereof shall be submitted 
to the board of education, of all matters connected with the 
purchase of text books by the superintendent of education. 

Sec. 1595. Text books once adopted shall not be changed 
for four years, and the first contract for same shall be entered 
into between the publishers and the territory on the first day 
of September, 1891, or as soon thereafter as possible. 

Sec. 1.596. The board of education of the territory of 
New Mexico is hereby vested with exclusive power in the 
matter of prescribing the text books necessary and to be used 
in the public schools of this territor}?-, and any school teacher, 
school director or county school superintendent violating the 
regulations and rules of the board of education shall be 
deemed guilty of a misdemeanor and shall be fined for each and 
every offense, and upon conviction in a court of competent 



32 COMPILATION 0¥ THE SCHOOL LAWS 

jurisdiction, in a sum not less than ten dollars nor more than 
one hundred dollars for each and every offense. 

Sec. 1597. That all transfers of school district property 
heretofore made by any school board in any school district 
in this territory are hereby declared valid and legal and all 
such transfers are hereby ratified and confirmed. 

Sec. 1598. That hereafter no school district shall be created 
or divided unless it is done by a petition signed by twenty-five 
heads of families who are the parents of children of school 
age. 

Sec. 1599. That no school district shall be hereafter cre- 
ated or divided tfnless there shall be twenty-five children at 
least of school age in the new district, and leave at least fifty 
children of school age in the district or districts from which 
such new district is taken. 

Sec. 1600. When the corporate authorities of any town, 
or the probate judge of the county, for any county in this 
territory in which any town may be situated, shall have entered 
at the proper land office the land or any part of the land settled 
and occupied at the site of such town, pursuant to and by 
virtue of the provisions of the act of Congress, entitled, An 
Act for the Relief of Citizens of Towns Upon Lands of the 
United States Under Certain Circumstances, passed May 
23rd, 1844, and any amendments that may be made thereto, 
or where such land may be entered by the proper authorities 
under and by virtue of any special act of Congress, and where 
the corporate authorities have failed, or hereafter fail, to com- 
ply with the provisions of Chapter 3, Title 40, and any 
blocks, lots, shares or parcels of said land remain unsold, the 
title to said unsold blocks, lots, shares or parcels of land shall 
vest and be in the school district in which said land is located, 
and it shall be the duty of the board of trustees of such town 
to transfer, by proper deed of conveyance, said unsold blocks, 
lots, shares or parcels of land to the board of education of 
such school district. 

Sec. 1601. Within thirty (30) days after the passage of 
this act, the board of trustees of any town, located as above 



OF THE TERRITORY OF NEW MEXICO. 33 

and having unsold blocks, lots, shares or parcels of land 
therein, shall deed the same to the board of education of such 
school district, in case said unsold blocks, lots, shares and par- 
cels of land have not been heretofore transferred to the said 
board of education; and any transfer of such unsold blocks, 
lots, shares or parcels of land heretofore made by the board 
of trustees of any town to the board of education of such 
school district are hereby declared valid and-legal, and all such 
transfers are hereby ratified and confirmed. 

Sec. 1602. The board of education or any such school 
district, after such unsold blocks, lots, shares or parcels of land 
shall be conveyed as above provided, shall appoint by order 
or resolution a board of appraisers, to consist of three free- 
holders of any such school district, who shall have no interest 
in said unsold blocks, lots, shares or parcels of land or the im- 
provements thereon. Each of said appraisers shall take an 
oath to faithfully discharge his duties as such appraiser and 
shall file such oath in the oiEfice of the clerk of said board of 
education before commencing his duties as such appraiser. 
In case such appraiser should fail or neglect to make the ap- 
praisement hereinafter specified and file the same with the 
clerk of such board of education within ten days after their 
appointment, then said board may appoint a new Board of 
Appraisers for the purpose herein provided. 

Sec. 1603. Said appraisers shall appraise all such blocks, 
lots, shares and parcels of land thus conveyed to such board of 
education, at their just and full cash value, and file their 
written appraisement as aforesaid. Said appraisement shall 
contain a description of each lot or parcel of land so appraised 
and a statem|ent of the cash value of each lot and parcel of 
land so appraised. Said appraisers shall make a separate state- 
ment of the value of such lots and parcels of land without im- 
provements and the aggregate value of both; there shall be 
attached to such appraisement a written affidavit of the said 
appraisers, verifying each statement of such appraisement and 
alleging that each of said lots or parcels of land is appraised 
at its just and full value. 



34, COMPILATION OF THE SCHOOL LAWS 



Sec. 1604. Any or all of said lots may be sold at any time 
by such board of education, either at public vendue to the 
hig-hest bidder for cash, or at private sale for cash, in the di«^ 
cretion of the board of education : Provided, That no bloc^, 
lot, share or parcel of land shall be sold for less than the 
appraised value thereof. 

Sec. 1605. When any of said blocks, lots, shares or parcels 
of land are to be sold at public vendue, the president of the 
board of education shall g^ive notice, signed in his official ca- 
pacity, of the time and place of sale of blocks, lots, shares 
or parcels of land to be sold, by advertisement, published in the 
county where such school district is situated, or if no news- 
paper is published in said county, then in the newspaper pub- 
lished nearest said school district. Such public sale shall be 
advertised to be made at some public place in said town, and 
to be sold at some specified time between the hours of sunrise 
and sunset. 

Sec. 1606. Such lots or parcels of land shall be offered 
for sale singly, unless a greater price can be obtained by selling 
several lots or parcels of land together, in which case several 
lots or parcels of land can be sold together. Such public sale 
may be continued, if necessary, from day to day, for a period 
not to exceed three days at any one sale. 

Sec. 1607. A new appraisement of lots or parcels of land 
to be sold shall be made in case no appraisement thereof has 
been made for three months next preceding the date of such 
sale. Said new appraisement shall be made, either by the old 
board of appraisers, or a new board of appraisers, to be 
appointed in the same manner .and with the same qualifications 
as the first board of appraisers. New boards of appraisers 
may be appointed whenever necessary to have any of said 
blocks, lots, shares or parcels of land appraised for sale. 

Sec. 1608. The moneys arising from the sale of said 
blocks, lots, shares and parcels of land, after defraying the 
expense of such sales, shall be paid into the treasury of such 
school district and applied to the support and maintenance of 
free, non-sectarian public schools, within the limits of any 



COMPILATION OF THE SCHOOL LAWS 35 

such school district, or used and expended by said school dis- 
triet in the erection of school buildings for the use of the 
public schools of said district and for furnishing such build- 
ings, and for no other purpose. 

Sec. 1609. In all cases when prior to the taking effect of 
this act any person may have entered thereon and improved 
any lots belonging to such school district, such person, after 
the report of such board of appraisers, may purchase any of 
such lots from the said board of education for cash at the 
appraised value of said lots, exclusive of improvements. 

Sec. 16 10. All persons purchasing any lots or parcels of 
land as above provided shall pay for the drawing, execution 
and acknowledgment of the deed of conveyance, together with 
fifty cents to the clerk of such board of education, for attes- 
tation with seal of said board of education, by the clerk of 
said board. 

Sec. 161 1. All conveyances of lots or parcels of land men- 
tioned in this act shall be signed by the president of the 
board of education and attested by the clerk of said board, and 
shall have the seal of said board of education affixed thereto, 
and be acknowledged by the president of the board of educa- 
tion in the same manner as other conve5^ances of real estate. 

county normal schools. 

Sec. 1612. The county superintendent of public schools 
shall hold annually in their respective counties, for a term of 
not less than two weeks, a normal institute for the instruction 
of teachers .and those desiring to teach. The county super- 
intendent of public schools, with the advice and consent of the 
territorial superintendent of public instruction, shall deter- 
mine the time and place of holding such normal institutes and 
shall select a conductor and instructor for the same : Provided, 
No person shall be selected as conductor or instructor who is 
not a graduate of some state or territorial normal school, or 
other state or territorial educational institution. 

Sec. 161 3. (As amended by Section 4, Chapter 27, Laws 
1 90 1.) It shall be compulsory upon all persons who expect 



36 COMPILATION OF THE SCHOOL LAWS 

to teach in any school district, independent district or incor- 
porated town, to attend the county institute or to show a certifi- 
cate of attendance upon some county institute or approved 
summer school held within the year. County superintendents 
are hereby forbidden to issue a certificate to, or to honor the 
certificates of, any person who refuses to comply with the 
provisions of this act ; but any person who fails to so attend by 
reason of sickness or other g^ood and sufficient excuse, rendered 
to the county superintendent and approved by him and also 
by the Territorial Board of Education may be excused by 
the county superintendent from such attendance. Teachers in 
city schools who possess a certificate of attendance upon a city 
institute held by order of the board of education in the dis- 
trict in which they are to teach, shall be excused from attend- 
ance upon the county institute. Note — Fees shall not be less 
than one nor more than three dollars. Section 5, Chapter 119, 
Laws 1903. 

Sec. 1 6 14. The fund thus created shall be designated the 
Normal Institute Fund, and the county treasurer shall be 
the custodian of the said fund. 

Sec. 161 5. The county superintendent shall, at the close 
of each institute, transmit to the county treasurer all moneys 
received by him as provided for in section one thousand six 
hundred and thirteen, together with the name of the person 
contributing said amount, and the county treasurer shall 
place all such moneys to the credit of the normal institute fund. 

Sec. 1616. All disbursements of the normal institute fund 
shall be open to order of the county superintendent; and no 
order shall be drawn on said fund except for claims approved 
by the county superintendent for services rendered in connec- 
tion with normal institutes. 

orphans" home and industrial school. 

Sec. 161 7. From and after the passage of this act the 
Asylum of the Sisters of Charity of Santa Fe shall be consti- 
tuted an orphans' home and industrial school for the care, 
support and education of the orphan and indigent children of 
the Territory of New Mexico, and to be known and legally 



DF THE TERRITORY OF NEW MEXICO. 37 

designated as the Orphans' Home and Industrial School of the 
Territory of New Mexico, 

Sec. i6i8. The governor of the Territory of New Mex- 
ico, his grace, the ,Most Reverend Archbishop of Santa Fe, 
and Hon. Mariano S. Otero, of Bernalillo, are hereby declared 
a board of supervisors for the said Orphans' Home and In- 
dustrial School, and qualified to act as such by virtue of this 
act, and who shall serve as such board of super- 
visors for the term of two years, and until their successors 
shall be appointed by the legislature; but in case of a change 
meanwhile in the office of governor, the governor succeeding 
shall immediately become a member of such board, and in 
case of the death, resignation, absence, removal or inability to 
act of any one member of said board, the remaining two shall 
constitute a full board until the appointment of a new member 
or the re-appearance or re-qualification of the third member, 
as the case may be. It shall be the duty of said board of 
supervisors to receive and approve all applications for admis- 
sion to said Orphans' Home and Industrial School, to pass 
upon, examine and audit a'll accounts for the proper carrying 
on said institution, and issue vouchers therefor, to visit the 
said institution from time to time, and faithfully look after 
the moral and intellectual progress of its inmates. 

Sec. 1 6 19. The said Orphans' Home and Industrial School 
shall be under the care, charge, control and custody of the 
Sisters of Charity of Santa Fe, subject to the general supervis- 
ion of the board of supervisors hereby created, and to all 
orders i_ssued by said board. 

Sec. 1620. The said Sisters of Charity, under whose care, 
custodv and control said orphan and indigent children of the 
territory are hereby placed, are to board, clothe and instruct 
said children in the comjnon school branches, and shall receive 
as compensation therefor the sum of ten dollars per month 
for each of said children so boarded, clothed, instructed and 
cared for. 

Sec. 1 62 1. The costs, charges and expenses which shall be 
incurred by the said board of supervisors hereby created, from 



38 COMPILATION OF THE SCHOOL LAWS 



time to time, shall be met and defrayed out of the territorial 
treasury upon the written order of the said board, signed by a 
majority of its members. 

Sec. 1622. It shall be the duty of the probate judges in 
the several counties to place all orphan and indigent children 
with some good and responsible person, who will agree to care 
for, educate and teach them to work for a certain number of 
years, to be agreed upon, and it shall also be the duty of said 
Sisters of Charity to use their best endeavors in like manner 
to place such children in families for the same purpose: Pro- 
vided, however, That no more than five thousand dollars shall 
be expended in any one year of twelve months for the purposes 
of this act : Provided, Ten children may be kept at Bernalillo, 
but under the direction of the Sisters at Santa Fe. 

Sec. 1623. Obsolete and omitted. 

DIPLOMAS AND DEGREES. 

Sec. 1624. All colleges, universities and institutions of 
learning now organized, or that may be hereafter organized, 
under the provisions of the incorporation laws of the Territory 
of New Mexico, be, and they are hereby, authorized and em- 
powered to grant diplomas, confer degrees and all other literary 
honors usually conferred by such institutions. 

Sec. 1625. The faculty of St. Michael's College, situated 
in the city of Santa Fe, is hereby authorized to issue teachers' 
diplomas to all graduates of said college who may apply for 
the same. The diplomas so issued to said graduates shall be 
and the same are hereby, considered as first-class teachers' cer- 
tificates in any and all counties in the Territory of New Mex- 
ico, to the same extent as the diplomas or teachers' certificates 
issued by the faculties of the Territorial University at Albu- 
querque, the Territorial School of Mines, at Socorro, and the 
Territorial Agricultural. College, at Las Cruces. 

ARBOR DAY. 

Sec. 1 62 s a. The second Friday in March of each year 
shall be set apart and known as Arbor Day, to be observed by 
the people of this territory in the planting of forest trees for 



DF.THE TERRITORY OF NEW MEXICO. 39 



the benefit and adornment of public and private grounds, places 
and ways, and in such other efforts and undertakings as shall 
be in harmony with the g;enei-al character of the day so esta,b- 
lished: Provided, That the actual planting of trees may ht 
done on the day designated or at such other most convenient 
times as may best conform to local climatic conditions, such 
other time to be designated and due notice thereof given by the 
several county superintendents of schools for their respective 
counties. 

The day as above designated shall be a holiday in all public 
schools of the tei-ritory, and school officers and teachers are 
required to have the schools under their respective charge 
observe the day by planting of trees or other appropriate exer- 
cises. 

Annually, at the proper season, the governor shall issue 
a proclamation, calling the attention of the people to the pro- 
visions of this act, and recommending and enjoining its due 
observance. The respective county superintendents of 
sehools shall also promote by all proper means the observance 
of the da)^, and the said county superintendent of schools 
shall make annual reports to the governor of the territory 
of the action taken in this behalf in theif respective counties. 



COMPILED LAWS OF 1897, AS AMENDED. 



TERRITORIAL INSTITUTIONS. 

Section 3550. The New Mexico Colleg-e of Agriculture 
and Mechanic Arts, the University of New Mexico, the New 
Mexico School of Mines, the New Mexico Normal School at 
Silver City, the New Mexico Normal School at Las Vegas, 
the New Mexico Military Institute at Roswell, and the New 
Mexico Insane Asylum shall be known as the Territorial Insti- 
tutions. 

NEW MEXICO COLLEGE OF AGRICULTURE AND MECHANIC ARTS. 

Sec. 3551. There is also hereby created and established an 
institution of learning, to be known as the Agricultural Col- 
lege and Agricultural Station of New Mexico. Said institu- 
tion is hereby located at or near the town of Las Cruces, in the 
County of Dona Ana, upon a tract of land of not less than one 
hundred (loo) acres, contiguous to the main Las Cruces 
irrigating ditch, south of said town, and now owned by Jacob 
Schaublin, and which said land shall, within six months from 
the passage of this act, be donated and conveyed by said Schau- 
blin, free of any cost and expense, to the Territory of New 
Mexico for such purpose : Provided, That no improvements 
or buildings, as hereinafter provided for, shall be made or 
erected upon such land until deed is duly executed, recorded 



OF THE TERRITORY OF NEW MEXICO. 41 

and filed in the office of the Secretary of the Territory, as here- 
inafter provided. 

Sec. 3552. The Ag-ricultural College and Agricultural Ex- 
periment Station, created and established by this act, shall 
be an institution of learning- open to the children of all the 
residents of this ter'i itory, and such other persons as the board 
of regents may determine, upon such terms, rules and regu- 
lations as may be prescribed by said board of regents ; shall 
be non-sectarian in character and devoted to practical instruc- 
tion in agriculture, mechanic arts, natural sciences connected 
therewith, as well as a thorough course of instruction in all 
branches of 'learning bearing upon agriculture^ and other indus- 
trial pursuits. 

Sec. 3553. The course of instruction of the college hereby 
created shall embrace the English language, literature, mathe- 
matics, philosophy, civil engineering\ chemistry and animal 
and vegetable anatom'y and physiology, the veterinary art, 
entomoloei'y, geology and political, rural and household econ- 
omy, horticulture, moral philosophy, history, mechanics and 
such other sciences and courses of instruction as shall be pre- 
scribed by the regents of this institution of learning. The 
management o£ said college and experiment station, the care 
and preservation of all property of which such institution shall 
become possessed, the erection and construction of all build- 
ings necessary for the use of said college and station, and the 
disbursement and expenditure of all moneys provided for by 
this act shall be vested in a board of five regents. Said five 
regents shall possess the same qualifications, shall be appointed 
in the same way, and the terms of office shall be the same, and 
vacancies shall be filled in like manner as is provided in section 
three thousand five hundred and seventy-one and three thou- 
sand five hundred and seventy-two, with reference to the 



42 COMPILATION OF THE SCHOOL LAWS 



regents of the territorial university. Said regents and tlien- 
successors in office shall constitute a body corporate, with the 
name and style of The Regents of the Agricultural College of 
New Mexico, with the right as such of suing and being sued, 
of contracting and being contracted with, of making and using 
a common seal, and altering the same at pleasure, of causing 
all things to be done necessary to carry out the provisions oi 
this act. A majority of the board shall constitute a quorum 
for the transaction of business, but a less number may adjourn 
from time to time. 

Sec. .^,554. The board shall meet and organize by the elec- 
tion of its said officers at said town of Las Cruces, or at the 
said college grounds in the said County of Dona Ana, on the 
second Wednesday in November, A. D. 1889. The officers 
then elected and their successors in office shall be the same, be 
elected in the same manner, at the same time, and possess the 
same qualifications, and the regents and officers shall perform 
their duties as provided for the regents and officers of the 
University of New Mexico in this act. 

Sec. 3555. The regents shall have the power and it shall 
be their duty to enact laws for the government of the said 
Agricultural College and Experiment Station. 

Sec. 3556. The board of regents shall direct the dispo- 
sition of any moneys belonging to or appropriated to the Agri- 
cultural College and Experiment Station established by this 
act, and shall make all rules and regulations necessary for the 
government and management of the same, adopt plans and 
specifications for necessary buildings and superintend the con- 
struction of said buildings, and fix the salaries of professors, 
teachers and other employes, and the tuition fees to be charged 
in said college. 

Sec. 3557- The Agricultural Experiment Station provided 



OF THE TERRITORY OF NEW MEXICO. 43 

for in this .act in connection with said Agricultural College 
shall be likewise located upon the land referred to in section 
three thousand five hundred and fifty-one, and it shall be under 
the direction of the said board of regents of said college for 
the purpose of conducting experiments in agriculture according 
to the terms of section one of an act of Congress approved 
March 2, 1887, and entitled, An act to establish agricul- 
tural experiment stations in connection with the colleges 
established in the several states under the provisions of an 
act approved Jul}^ 2, 1862, and of the acts supplementary 
thereto. The said college and experiment station shall be 
entitled to receive alj the benefits and donations made and 
given to similar institutions of learning in other states and 
territories of the United States and territories by the legisla- 
tion of the Congress of the United States now in force or that 
may hereafter be enacted, and particularly to the benefit and 
donations given by the provisions of an act of Congress of the 
United States entitled, An act donating public lands to the 
several states and territories, which may provide colleges 
for the benefit of agriculture and mechanic arts, approved 
July 2, 1862, and of all acts supplementary thereto, including 
the act entitled. An act to establish agricultural experiment 
stations in connection with colleges established in the sev- 
eral states under the provisions of an act approved July 2, 
1862, and of the acts supplementary thereto, which said last 
mentioned act was approved March 2, 1887. 

Sec. 3558. The assent of the legislative assembly of the 
Territory of New Mexico is hereby given in pursuance of the 
requirements of section three thousand and fivt hundred and 
seventy-one of Congress, approved March 2, 1887, to the 
granting of money therein snade to the establishment of experi- 
ment stations in accordance with section one of said last men- 
tioned act, and assent is hereby given to carry out, within^the 



44 COMPILATION OF THE SCHOOL LAWS 

Territory of New Mexico, all and singular the provisions of 
said act. 

Sec. 3559- The board of regents shall have power and it 
shall be their duty to enact laws for the government of the 
Agricultural College and Experiment Station, and the meet- 
ings of said board may be called in such manner as the regents 
may prescribe. 

Sec. 3560. The immediate government of the several de- 
partments shall be intrusted to their respective faculties, but 
the regents shall have the power to regulate the course of 
instruction and prescribe, under the advice of the faculty, the 
books and authorities to be used in the several departments, 
and also to confer such degrees and grant such diplomas as 
are usually conferred and granted by other agricultural col- 
leges. The regents shall have yower to remove any officer 
connected with the Agricultural College or Experiment Sta- 
tion when^j in their judgment, the best interests of the college 
require it. 

Sec. ?s6i. There is hereby created and established a sub- 
Agricultural Experiment Station in connection with the Agri- 
cultural College and Agricultural Station of New Mexico. 
Such sub-Agricultural Experiment Station is hereby located 
at some point in the County of San Juan, hereafter to be se- 
lected by the board of regents of the Agricultural College 
of New Mexico : Provided, That the County of San Juan, or 
some person or persons for said county, shall, within three 
months from the passage of this act, deed, .donate and transfer 
to the Territory of New Mexico, for the use of said sub-Agri- 
cultural Experiment Station, not less than one hundred acres 
of good, arable land, under an irrigating ditch, such land and 
the location thereof to be accepted and determined by the 
board of regents of the Agricultural College. The sufficiency 
of the deed and the title to the land so to be donated to the 
Territory of New Mexico shall be passed upon and approved 
by the solicitor general of New Mexico. 

Sec. 3562. The board of regents of the Agricultural 
College and Agricultural Station of New Mexico are hereby 



'OF THE TERRITORY OF NEW MEXICO. 45 

authorized and instructed to apply to the construction of build- 
ing's, etc., of the sub-Agricultural Experiment Station, pro- 
vided for by this act, the sum of five thousand dollars, appro- 
priated by the legislative assembly of New Mexico for the 
Agricultural Experiment Station in the County of San Juan, 
under, and bv, the provisions of House Bill No. 8i, being an 
act entitled. An act and resolution authorizing the gover- 
nor to receive certain moneys from the United States, ac- 
cepting the terms of the act of congress appropriating the 
same and providing for the disposition thereof. 

Sec. 3563. The board of regents of the Agricultural 
College and Agricultural Station of New Mexico are hereby 
authorized and instructed to apply to the support and main- 
tenance of the sub-Agricultural Experiment Station herein 
provided for so much of all the moneys now on hand and here- 
after received from the government of the United States, 
under and by virtue of acts of the Congress of the United 
States, approved March 2, 1887, and entitled, An act to es- 
tablish agricultural experiment stations in connection with 
the colleges established in the several states, under the 
provisions of an act approved July 2, 1862, and of the acts 
supplementary thereto, as can be applied by said board of 
regents in justice to the agricultural college of New Mexico, 
at Las Cruces, and the sub-stations to be established in othef 
portions of the territory. 

Sec. 3564. There is hereby created and established in con-^ 
nection with the Agricultural College and Agricultural Sta- 
tion of New Mexico two branch agricultural experiment sta- 
tions to be located as follows : One at some point in the north- 
eastern portion of the Territory of New Mexico, between the 
Town of Glorieta, in the Sierra Madre Mountains, and the 
Town of Raton, near the eastern boundary of New Mexico, 
and the other at some point in the Pecos valley, in the soutlw 
eastern portion of the territory, the exact point in each section 
to be determined hereafter by the board of regents of the 
Agricultural College and Agricultural Station of New Mexico. 

Sec. 3565. For the purposes of this act there shall be 



46 GDMJPILATION O'F THE SCHOOL LAWS 

deeded, donated and transferred to the Territory of New Mex- 
ico, at eadi of the points finally determined ugon by the said 
board of reg-ents for the exact location of the said experiment 
stations for the use of each of said branch agricultural experi- 
ment stations, not less than one hundred acres of good, arable 
land, under an irrigating- ditch, such land and the location 
thereof to be accepted and determined by the said board of 
regents of the Agricultural College ; the sufficiency of the deed 
and the title to the land so to be donated to the Territory of 
New Mexico to be passed upon and approved by the solicitor 
general of the territory. 

Sec. 3566. The board of regents of the Agricultural Col- 
lee^e and Agricultural Station of New Mexico is hereby author- 
ized and empowered to apply to the construction of buildings, 
etc., upon the lands donated to each of said branch agricultural 
experiment stations provided for by this act, out of the moneys 
hereinafter levied and collected, the sum of not less than two 
thousand five hundred dollars to each of said experiment sta- 
tions. 

Sec. 3567. The board of regents of the Agricultural 
College and Agricultural Station of New Mexico is hereby 
authorized and instructed to apply to the support and main- 
tenance of each of the branch agricultural experiment stations 
hereby created so much of all the moneys now on hand and 
hereafter received from the g^overnment of the United States, 
under and by virtue of an act of the Congress of the United 
States, approved March 2, 1887, and entitled An act to es- 
tablish agricultural experiment stations in connection with 
the colleges established in the several states, under the pro- 
vision of an act approved July 2, 1862, and of the acts supple- 
mentary thereto, as can be applied by said board of regents 
in justice to the Ag-ricultural College of New Mexico, at Las 
Cruces, and the experiment stations hereby and heretofore es- 
tablished in other portions of the territory. 

Sec. 3567a. The assent of the legislative assembly of the 
Territory of New Mexico is hereby given in pursuance of the 
requirement of section two of an act of Congress entitled, An 



•OF THE TERRITORY OF NEW MEXICO. 4-'7 

act to apply a portion of the proceeds of the public lands 
to the more complete endowment and support of the col- 
leges for the benefit of agriculture and the mechanic arts, 
established under the provisions of an act of Congress approved 
July 2, 1862, approved August ^, 1890, to the granting of 
moneys for the benefit of the Agricultural College of the Ter^ 
ritory of New Mexico, and the said legislative assembly 
accepts and consents to all of the terms and conditions of said 
act of Congress, and assent is further given to carrry out 
within the Territory of New Mexico, all and singular, the 
provisions of said act of Congress. 

THE UNIVERSITY OF NEW MEXICO. 

Sec. 3568. There is hereby created and established within 
and for the Territory of New Mexico an institution of learn^ 
ing to be known as the University of New Mexico. Said 
institution is hereby located at or near the town of Albu- 
querque, in the County of Bernalillo, within two miles north 
of Railroad avenue, in said town, upon a tract of good, high 
and dry land, of not less than twenty acres^ suitable for the 
purposes of such institution, which said land shall, within 
six months from the passage of this act, be donated and con-^ 
veyed, free of any cost and expense, to the Territory of New 
Mexico, by G. W. Meylert : Provided, That no improvements 
or buildings as hereinafter provided for shall be made 01" 
erected upon such land until such deed is duly executed, re- 
corded and filed in the office of the secretary of the Territory, 
as hereinafter provided. 

Sec. 3569. The University of New Mexico hereby created 
and established is intended to be the state university when 
New Mexico shall be admitted as a state into the Union, and 
as such is entitled to all the donations of land and all other 
benefits under all acts of Congress now in force or hereafter 
to be enacted for the benefit of such educational institvttions in 
the future state. <■' 

Sec. 3570. The object of the university hereby created 
shall be to provide the inhabitants of the Territory of New 
Mexico and the future sta'te with the means of acquiring a 



4S COMPXLAXrON OF THE SCHOOL LAWS' 

tlioroug-h knowledg-e of the various branches of jiteratuTCy 
science and arts. 

Sec. 3571. Tlie manag^ement and control of said university^ 
the care and preservation of all property of which it shall be- 
come possessed, the erection and construction of all buildings 
necessary for its use, and the disbursement and expenditures 
of all moneys appropriated by this act, shall be vested in a 
board of five reg-ents, to consist of five qualified voters, who 
shall be owners of real estate in this territory. Said five mem- 
bers of the board of reg-ents shall be appointed, in the man- 
ner now provided bv law for the appointment of territorial 
officers, not earlier than the first day of Septemiber, nor later 
than the first day of October next after the passage of this act, 
and vacancies occurring- in said board shall be filled in the 
same manner as is now provided by law for the filling of vacan- 
cies in other territorial offices. 

Sec. 3572. The board of regents provided for in this act 
shall be appointed, one for a term of one year, one for a term 
of two years, one for a term of three years, one for a term of 
four years, and one for a term of five years: Provided, That 
all appointments made to fill vacancies caused by death, resig- 
nation or otherwise shall be for the unexpired term of the in- 
cumbent, whose place shall have become vacant. All other 
appointments made subsequent to the appointment of the first 
Board of Regents provided for in this act shall be for the 
term of five years, and until the appointment and qualification 
of a successor to such appointee. 

Sec. 3573. The reg-ents of the university and their success- 
ors in office shall constitute a body corporate under the name 
and style of The Regents of the University of New Mexico, 
with the right, as such, of suing and being sued, of contracting 
and being contracted with, of making and using a common 
seal and altering the same at pleasure. 

Sec. 3574- The board of regents of the University of 
New Mexico shall meet and organize by the election of its 
officers at Albuquerque, in said Bernalillo county, on the sec- 
ond Wednesday in November, A. D. 1889. The officers then 



OF THE TERRITORY OF NEW MEXICO. 49 

elected shall hold . their offices until the second Monday in 
March^ A. D. 1891, when their successors shall be elected, and 
said elections shall occur annually on the second Monday in 
March in each year thereafter ; all officers so elected shall hold 
their offices until their successors are duly elected and qualified. 
At such elections they shall elect a president and a secretary 
and treasurer from their number. The person so elected as 
secretary and treasurer shall, before entering upon the dis- 
charge of his duties as such, execute a good and sufficient bond 
to the Territory of New Mexico, with two or more sufficient 
sureties, residents of this territory, in the penal sum of not 
less than twenty thousand dollars, conditioned for the faithful 
performance of his duties as such secretary and treasurer, and 
that he will faithfully account for and pay o^er to the person 
of persons entitled thereto all moneys which shall come into 
his hands as such officer, which said bond shall be approved 
by the governor of the Territory and shall be filed with the 
territorial secretary. 

Sec. 357.S. The president of said board shall be the chief 
executive officer, shall preside at all meetings thereof, except 
that when he is absent the board may appoint a president 
pro tern, and sign all instruments required to be executed by 
said board. He shall also generally direct the affairs of said 
university, nominate, and by and with the advice and consent 
of the board of regents, appoint all professors, tutors, instruc- 
tors and other employes necessary to the proper conduct of said 
university; and- in like manner shall be determmed the amount 
of their respective salaries, subject to the provisions of this 
act. The secretary and treasurer shall be the financial and 
recording officer of said board, shall keep a true and correct 
account of all moneys received and expended by him, shall 
attest all instruments required to be signed by the president, 
and shall keep a true record of all the proceedings of said 
board and generally do all other things required of him by said 
board. 

Sec. -3576. The regents shall have power and it shall be 
their duty to enact laws, rules and regulations for the govern- 
ment of the university. 



50 COMPILATION OF THE SCHOOL LAWS 



Sec. 3577. The university shall have departments, which 
shall hereafter be opened at such times as the board of reg-ents 
shall deem best, for instruction in science, literature and the 
arts, law, medicine, en.gineering and such other departments 
and studies as the board of regents may, from time to time, 
decide upon, including- military training and tactics. 

Sec. 2578. The immediate g-overnment of the several de- 
partments shall be intrusted to their respective faculties, but 
the reg-ents shall have the power to regulate the course of in- 
struction, and prescribe the books and authorities to be used 
in the several departments, and also confer such degrees and 
grant such diplomas as are usually conferred and granted by 
other universities. The reg-ents shall have power to remove 
any officer connected with the university wh.en, in their judg- 
ment, the interests require it. 

Sec. 3579. The university created by this act shall be open 
to the children of all residents of this territory, and such others 
as the board of regents may determine, under such rules and 
regulations as may be prescribed by said board, whenever the 
finances of the institution shall warrant it, and it is deemed 
expedient by said board of regents. 

Sec. .-^580. No sectarian tenets or opinions shall be required 
to entitle anv person to be admitted as a student or employed 
as a tutor or other instructor in said university, but the same 
shall forever be strictly non-sectarian in character. 

Sec. 3.s8i. The meetings of the board may be called in 
such manner as the board of regents may prescribe, and the 
maiority of said board shall constitute a quorum for the trans- 
action of business, but a less number may adjourn from time 
to time. 

Sec. 3582. That the board of regents of the University 
of New Mexico are hereby authorized and empowered to 
enter into a contract with some proper person or corporation 
for the erection of a building on the grounds of the university, 
suitable for dormitory purposes, and to be used for that and 
such other purposes as the needs of the university 



OF THE TERRITORY OF NEW MEXICO, 51 

may require: Provided, That the said building shall not cost 
to exceed the sum of twenty thousand dollars. 

Sec. 3583. Said board of regents are hereby authorized 
to lease to the person or corporation erectinj^ said building 
such part of the university grounds as may be necessary for a 
site for said building, together with the right of way over the 
university grounds from the' public highway to said building, 
said lease to run for the period of thirty years, unless said 
building shall be purchased for the uses of the university be- 
fore that time, in which event said lease shall determine, and 
the annual rental to be named in said lease shall be the sum of 
one dollar. 

Sec. 3584. Said board of regents may contract for the 
payment of an annual rental for said building when erected, 
a sum not to exceed eight per cent, on the actual cost of the 
building after deducting the cost of insurance and fixed 
charges : And provided, further, That said building and site 
shall be exempt from taxation of all kinds. 

Sec. 3585. The contract so made for the erection of said 
building shall provide that the same m'ay be purchased for the 
uses of the university at any time during the said period of 
thirty vears, upoji the payment as purchase money therefor 
the actual cost of the same when erected. 

Sec. 3586. By the making of said contract, no obligation 
shall be imposed upon the territory to carry out the same, or 
to make any appropriation for the payment of said annual 
rental, or the purchase of said building, than it otherwise 
would or shall make, by some pther affirmative act make, and 
any appropriation hereafter made by the legislative assembly 
for such purposes shall be considered voluntary. 

Sec. 3587. Authority is given to the governor of the ter- 
ritory bv this act to appoint a commissioner to choose two 
townships of land on surveyed land of the public domain 
within this territory, which have been granted by the general 
government to establish a university in this territory, in con- 
formity with an act of Congress, approved July 22, 1854, en- 
tled, An act to create the offices .of surveyor general in the 



52 COMPILATION OF THE SCHOOL LAWS 



Territories of New Mexico, Kansas and Nebraska, to grant 
lands to actual settlers and for other purposes, in its sec- 
tion six. 

Sec. 3588. As soon as said commissioner is appointed, he 
shall proceed to carry out the provisions of this act. 

Sec. 3589. When said commissioner shall have selected 
the two townships on surveyed lands, or that may be hereafter 
surveyed, he shall make leg-al subdivisions, not less than one- 
half section, and shall file a list of land so selected in the office 
of the surveyor general and the register of the land office of 
this territory, at Santa Fe : Provided, however, That the ex- 
penses for selecting and locating said lands shall not exceed 
the sum of one hundred dollars, which amount is hereby ap- 
propriated to be paid out of the funds of the territory by order 
of the governor. 

Sec. 3590. The said commlissioner, as herein authorized, 
shall claim and demand, on lands already surveyed, sections 
sixteen and thirty-six of each, township granted to this terri- 
tory by organic act of the territory, and by the fifth section 
of said 5ict of July 22, 1854. 

Sec. 3591. Said commissioner shall report to the legisla- 
ture at its next session, or at the first special session of the 
legislature which may be hereafter held, his proceedings as 
herein provided. 

the school of mines. 

Sec. 3592. There is also hereby created and established 
within and for the Tierritory of New Mexico an institution of 
learning, to be known as The New Mexico School of Mines. 
Said institution is hereby located within the limits of the city 
of Socorro, in the County of Socorro, upon a tract of land of 
not less than twenty acres, suitable for the purposes of such in- 
stitution, which shall be donated and conveyed by a good and 
sufficient deed, to the Territory of New Mexico by the owners 
thereof, free of cost and expense to said territory, which deed 
shall be executed within six months from the passage of this 
act, and no improvement or building as hereinafter provided 



OF THE TERRITORY OF NEW MEXICO. 53 

fcr shall be made cr erected upon such land until such deed is, 
duly executed, recorded and filed in the office o fthe secretary: 
of the Territory as hereinafter provided. 

Sec. 3593. The object of the School of Mines created, 
established and located by this act is to furnish facilities for. 
the education of such persons as may desire to receive instruc- 
tion in chemistry, metallurgy, mineralogy, geology, mining,, 
milling, engineering", mathematics, mechanics, drawing, the, 
fundamental laws of the United States, and the rights and 
duties of citizenship, and such other courses of study, not 
including agriculture, as may be prescribed by the board of 
trustees. 

Sec. 3594.. The management and control of said School of; 
Mines, the care and preservation of all property of which it 
shall become possessed, the erection and construction of all 
buildings necessary for its use, and the disbursement and ex- 
penditure of all moneys appropriated by this act, or which 
shall otherwise come into its possession, shall be vested in a 
board of five trustees, who shall be qualified voters and owners 
of real estate in said territory; said trustees shall possess the 
same qualifications, shall be appointed in the same way, and 
their term_s of office shall be the same, and the vacancies shall 
be filled in like manner as is provided in sections three thou- 
sand five hundred and seventy-one and three thousand five 
hundred and seventy-two, with reference to regents of the 
territorial university. Said trustees and their success- 
ors in office shall constitute a bod)^ corporate, un- 
der the name and. style of The Trustees of the 
New Mexico School of Mines, with the right, as such, of 
suing and being sued, of contracting and being contracted 
with, of making and using a common seal and altering the 
same at pleasure, and of causing all things to be done neces- 
sary to carry out the provisions of this act. A majority of 
the board shall constitute a quorum for the transaction of 
business, but a less number may adjourn from time to time. 

Sec. 3595. The board shall meet and organize by the elec- 
tion of its officers, at the town of Socorro, in Socorro county, 



54 COMPILATION OF THE SCHOOL LAWS 

on the second Wednesday of November, A. D. 1889. The 
officers then elected and their successors in office shall be the 
same, be elected in the same manner, at the same time, and 
possess the same qualifications as the officers of the University 
of New Mexico, and the secretary and treasurer so elected 
shall give bonds in the sum of ten thousand dollars in the man- 
ner provided in section three thousand five hundred and sev- 
enty-four. 

Sec. 3596. The president of said board shall be the chief 
executive officer, shall preside at all meetings thereof, except 
that when he is absent the board may appoint a president pro 
tern, sign all instruments required to be executed by said 
board; he shall also direct the affairs' generally of the said 
School of Mines, shall nominate and by and with the advice 
of said board of trustees appoint all professors, instructors, 
tutors and other employes necessary to the proper conduct of 
said School of Mines, and in like manner shall determine the 
amount of their respective salaries, subject to the provisions 
and restrictions of this act. 

Sec. 3597. The secretary and treasurer shall be the finan- 
cial and recording officer of said board, shall keep a true and 
correct account of all moneys received and expended by him, 
shall attest all instruments required to be signed by the presi- 
dent of said board, and shall keep a true and correct record 
of all the proceedings of said board, and, generally, do all other 
things required of him by said board. 

Sec. 3598. The board of trustees shall have power and 
it shall be tlieir duty to enact by-laws, rules and regulations 
for the goveniment of such School of Mines, not inconsistent 
with the laws 'jf the territory; and they shall also prescribe 
the text books to be used, the course of study, the branches to 
be laught, ihe number of departments into which said school 
shall be divided, and to change the same from time to time: 
to fix the scholastic year, provide apparatus, mineral and geo- 
logical cabinets, and do all and everything necessary in and 
about the premises with a view to promoting the best interests 
of said institution. 



OF THE TERRITORY OF NEW MEXICO. 55 

Sec. 3599. The immediate government of their several 
departments shall be intrusted to their several faculties. 

Sec. 3600. The board of trustees shall have power to 
confer such degrees and grant such diplomas as are usually 
conferred and granted by other similar schools. 

Sec. 3601. The trustees shall have power to remove any 
officer, tutor or instructor, or employe connected with said 
school when in their judgment the best interests of said school 
require it. 

Sec. 3602. Said School of Mines shall be a place for in- 
struction in the branches mentioned in section three thousand 
six hundred and nineteen, with or without charge to residents 
of this territory, as shall be deemed best by the trustees, but 
non-residents shall be admitted to the privileges of such school 
upon such terms as the trustees shall prescribe. 

Sec. 3603. The board of trustees shall require such com- 
pensation for all assays, analysis, mill tests or other services 
performed by said institution as they may deem reasonable, 
and the same shall be collected and paid into the treasury of 
the School of Mines for said institution, and an accurate ac- 
count thereof shaTl be kept in a book to be provided for that 
purpose. 

Sec. 3604. The institution hereby established as the New 
Mexico School of Mines is intended to be the state school of 
mines when New Mexico shall be admitted into the union as 
a state, and it shall be entitled to the benefits of all. grants of 
land and moneys which shall be given to the territory by any 
act of Congress for the endowment of said institution, and 
such lands and moneys shall be used for the benefit of this 
institution, located at Socorro, Socorro county, and for no 
other purpose. 

Sec. 3605. The New Mexico School of Mines shall, in 
addition to the course now provided for, maintain a prepara- 
tory department, and that the board of regents of each edu- 
cational institution herein provided for shall charge as tuition 
a fee of not less than five nor n^ore than twenty-five dollars 
per session for each and every student ; said tuition to be fixed 



56 COMPILATION OF THE SCHOOL LAWS 

by said board of fegents and collected by officers of each 
institiition and accounted for as other funds provided by law 
for maintenance of said institution. 

NORMAL SCHOOLS. 

Sec. 3650. There is hereby created and established at Sil- 
ver City, in Grant county, and in Las Vegas, in San Miguel 
cot'nt3^ in the Territory of New Mexico, institutions of learn- 
ing to be known as the Normal Schools of New Mexico. 

Sec 3651. Such schools shall be located upon a tract of 
land suitably and pleasantly located, containing not less than 
twenty acres, and situate not more than one and a half miles 
from said Silver City and Las Vegas, respectively, the location 
of such land to be approved by the respective boards of regents 
created. by this act, and the same shall be conveyed to such 
boards by a good and indefeasible title, in fee simple, within 
six months after the passage of this act, free of any cost to the 
territory or said boards ; and no expenditure of money shall be 
made, under this act, • upon such land until such conveyance 
is made and accepted by such boards. That the location of 
said normal school at Las Vegas is hereby fixed, and said 
normal school at Las Vegas shall be located upon that certain 
triangular tract or parcel of land at the intersection of Na- 
tional and Main streets, jn the incorporated Town of East 
Las Vegas, and being the tract or parcel of land known and 
called the Desiderio Romero property, and containing not less 
than two acres. 

' Sec. 3652. The control of such normal schools shall be 
QRch under a board of five regents, to be appointed by the gov- 
iernorof the territory. In making such appointments for the first 
of the territory. In making such appointments for the first 
time, one shall be appointed for one year, one for two years, 
one for three years, one for four years^ and one for five years, 
and thereafter appointments shall be made for the term of five 
years, and at the expiration of the terms of the several mem- 
bers, or when vacancies may otherwise arise. The members 
of ^ each such board shall be voters of the territory and the 



OF THE TERRITORY OF NEW MEXICO. 57 

owners of real estate therein, and no more than three of the 
members of each said board shall be of the same political party. 
Each such board shall constitute a body politic and corporate, 
and shall have power to sue and be sued, to contract and be 
contracted with, and the title to all property belonging to each 
such normal school shall be vested in the respective corporate 
bodies and their successors. 

Sec. 3653. Within thirty days after the appointment of 
each such board, the members thereof shall meet at Silver City 
and Las Vegas, respectively, at a time to be designated by 
the governor of the territory, and each shall organize by the 
election of one member thereof as president and another mem- 
ber as secretary and treasurer, and annually thereafter a meet- 
ing of such boards shall be held for the same purpose, but 
such officers shall hold their offices until their successors shall 
be elected and qualified. The person who may be elected as 
secretary and treasurer of each board shall execute his bond, 
payable to the Territory of New Mexico, for not less than 
twenty thousand dollars, with at least two freehold sureties, 
residents of the territory, which shall be conditioned' for the 
faithful performance of the duties of such secretary and treas- 
urer, and shall be approved by the governor and filed with the 
secretary of the Territory. 

Sec. 2654. Each of said boards of Regents shall hold at 
least four meetings during each year at their respective nor- 
mal schools for the purpose of discharging their duties under 
this act, the time of such meeting to be fixed by such board, 
and the president of such board may call special meetings 
thereof when in his judgment the business of such schools 
demands the same. Three members of such boards shall con- 
stitute a quorum for the transaction of business. 

Sec. 3655. (As amended, Laws 1899.) Said boards of 
regents shall have full and complete power and control over 
their respective normal schools. Each board shall employ 
a superintendent or principal for such school, who shall have 
the supervision and control of the school under such rules and 
regulations as may be provided by such board. Such board 



58 COMPILATION OF THE SCHOOL LAWS 

shall determine and provide as to what branches of learning- 
shall be taught in such school and the classification and order 
of the same, and shall also direct the number of teachers that 
shall be employed, and shall determine the compensation to be 
paid to the superintendent and teachers. Such board shall also 
prescribe upon what terms and conditions pupils shall be ad- 
mitted to such school, but no pupils shall be admitted 
who are not residents of this territory, except on pay- 
ment of a tuition fee to be prescribed by the board of regents 
for each term. 

Sec. 3656. The president of each board shall preside at 
all meetings thereof and shall sign the proceedings of the 
same, and shall sign all orders directed by the board' to be 
drawn upon the treasurer thereof for the payment of money. 
In the absence of the president at any meeting of the board, 
the members present shall elect a president pro tern. The 
secretary of the board shall have charge of the records, books, 
and papers belonging to such board, and shall keep a record of 
the proceedings of such board, and shall issue and attest all 
orders directed by the board to be drawn upon the treasurer 
of the same for the payment of money. Such secretary, as 
treasurer, shall have the care and custody of all moneys be- 
longing to such school, and he shall pay out the same only upon 
orders drawn upon him by direction of the board of regents 
and si,e:ned by the president thereof ; and at each regular meet- 
ing of such board such treasurer shall submit to the same a 
statement showing a full account of the condition of financial 
affairs of such school. 

Sec. T^^^y. The members of the respective boards of re- 
gents shall be entitled to the sum of two dollars per day during 
the time they shall be employed in the actual discharge of their 
duties, and five cents per mile for each mile necessarily traveled 
in going to and returning from their places of residence to 
the place of meeting of such .board; but the person who is 
elected as secretary and treasurer of such board shall be enti- 
tled t-o receive three dollars per day during the sessions of such 
board, and mileage as above provided. 



OF THE TERRITORY OF NEW MEXICO. 59 

Sec. 3658. For the purpose of erecting buildings for such 
schools, furnishing the same, improving the grounds and main- 
taining such schools, the auditor of the territory shall cause 
to be levied upon all taxable property in the territory during 
the year, commencing on the fourth day of March, 1893, and 
ei'.-:!ing on the third day of March, 1894, ^ ^^^ of two-fifths of 
one mill, which levy shall be collected during the same year 
and applied to the above appropriation. Five thousand dollars 
of said sum shall be available for each of said schools for the 
purposes specified herein, on the first da,y of January, 1894, 
and the balance of said levy, so collected, on the fourth day_ of 
March, 1894, and shall be paid upon presentation to the treas- 
urer of the auditor's warrant, which shall be issued upon an 
order from the respective boards of regents of such normal 
schools: Provided, however, That no indebtedness, binding 
in any manner upon the territory, shall be incurred by the 
boards of regents or any other person or persons on behalf of 
said schools over and above the amount derived from the col- 
lection of said two-fifths mill levy. 

Sec. 3659. (As amended. Laws 1899.) Diplomas issued 
to graduates of the foregoing normal schools of New Mexico, 
also diplomas issued to "-raduates from the territorial univer- 
sity at Albuquerque, the territorial school of mines at So- 
corro and the territorial agricultural college at Las Cruces, 
shall be, and the same are hereby, considered as first-class 
teachers' certificates in any of the counties in the Territory of 
New Mexico : Provided, That such diplomas certify that said 
graduates have taken a complete course for the. profession of 
teachers. 



60 COMPILATION OF THE SCHOOL LAWS 



CHAPTER XVIII. 



An Act to extend the work of the new Mexico normal 

SCHOOL at las VEGAS, AND FOR OTHER PURPOSES, C. B. 

5; Approved February 17, i8pp. 



Section i. That the name and title of the New Mexico 
Normal School at Las Vegas is hereby changed so that said 
institution shall hereafter be known and designated as "The 
New Mexico Normal University." Except as modified or 
amended by this act, all laws heretofore enacted, or appoint- 
ments made touching the New Mexico Normal School at Las 
Vegas are hereby made applicable to and continued in force 
as to the said New Mexico Normal University ; and all rights, 
titles, interest, properties, privileges, grants, or donations 
which said New Mexico Normal School at Las Vegas now 
has, or to which it is now, or would have hereafter become en- 
titled, shall hereafter belong to and inure to the benefit of the 
said New Mexico Normal University. 

Sec. 2. There are hereby established as branches or dcDart- 
ments of said New Mexico Normal University, to be carried 
on at Las Vegas, a school of manual training for the Territory 
of New Mexico, the object of which shall be to instruct pupils, 
and to train and qualify teachers to teach the use of hands and 
tools in the various useful arts of practical value to the people 
of the territory; and also a kindergarten training school to 
qualify teachers of the territory to use that system of teaching 
in the primary schools. 

Sec. 3. Said institution shall be forever strictly non-secta- 
rian in its character and management, and no creed or system 
of religion shall be taught, practised, or exercised in it. 

Sec. 4. Amends Section 3655, Compiled Laws. 

Sec. 5. Amends Section 365Q, Compiled Laws. 

Sec. 6. The provisions of section three thousand six hun- 
dred and ninety-three (3693) of the Compiled Laws of New 
Mexico of 1897, shall be applicable to the New Mexico Nor- 



■OF THE TERRITORY OF NEW MEXICO. '61 

mal University with the same force and effect as if said insti- 
tution had been one of those mentioned therein. 

Sec. 7. For the purpose of reimbursing and paying the 
cost of the completing and equipping the building 
of the said New Mexico Normal University heretofore sub- 
scribed by way of advancement to. the territory by certain citi- 
zens and institutions of Las Vegas and vicinity, there is hereby 
appropriated the sum of nineteen thousand three hundred dol- 
lars, which shall be paid by the territorial treasurer on the 
warrant of the auditor to the board of regents of said New 
Mexico Normal University from time to time as fast as the 
money becomes available ; and a tax sufficient to realize the said 
sum shall be levied under direction of the auditor, for the 
fiscal years 1899- 1900, 1901, and collected as other territorial 
taxes. If the moneys collected from said tax for said years 
should fall short of the amount required, a tax shall be in like 
manner levied and collected for the .following year to make 
up the deficiency. Said moneys shall be applied by said board 
of regents to the repavment of the sums so advanced and paid 
by them, without interest, to the subscribers who have paid the 
same, or their order, pro rata, without any preference in such 
manner, and under such regulations as the said board of 
I'egents may prescribe. 

Sec. 8. All acts and parts of acts inconsistent with the 
provisions of this act are hereby repealed, and this act shall 
take effect from the date of its passage. 

CHAPTER LXV. 



An Act to provide for the disposition of lands granted 
BY congress. H. B. No. 219; Approved March 20, 
1901. 



Section i. That the grant of lands to the Territory of 
New Mexico, of one hundred thousand acres of land for the 
establishment and maintenance of normal schools, made in and 
by the act of the Congress of the United States, approved June 



62 COMPILATION OF THE SCHOOL LAWS 

2 1 St, 1898, entitled, An act to make certain grants of 
land to the Territory of New Mexico, and for other pur- 
poses," is hereby declared to be for the equal benefit of the 
New Mexico Normal University, located at Las Vegas, and 
the Normal School of New Mexico, located at Silver City, 
which are hereby designated and established as the normal 
schools for which said grant was made. All lands now or 
hereafter located for the normal schools under said grant shall 
be held by the territory, subject to disposal as provided by law, 
for the benefit of the two institutions herein designated, in the 
proportion of an undivided one-half interest each, and the pro- 
ceeds of all such lands now or hereafter sold or leased shall 
be placed to the credit of the said two institutions, as separate 
funds, in like proportions. Such funds are hereby made avail- 
able for the use of said institutions for the establishment of 
permanent equipment or improvement thereof, or for invest- 
ment, and miay be drawn in the manner now provided by law 
for drawing other funds, upon resolutions of the board of 
regents of the institution requiirng the same, stating that 
the money is required for one or more of the above mentioned 
purposes, to be specified in the resolution; and no part of the 
principal of such funds shall be used for current expenses, 
salaries, or any other form of maintenance, but the income 
derived from the investment of such funds may be so used. 

Sec. 2. The proceeds of the sale or leasing of the lands 
granted by said act of Congress for the establishment and 
maintenance of a school of mines are hereby made available 
for the use of the New Mexico School of Mines, located at 
Socorro, in like manner, for the same purpose and subject to 
the same restrictions as provided in section one ( i ) of this act. 

Sec. 3. This act shall be in force from and after its pass- 
age. 

NEW MEXICO MILITARY INSTITUTE. 

Sec. 3660. That the Goss Military Institute, located at 
Roswell, Chaves county. New Mexico, be, and the same shall 



OF THE TERRITORY OF NEW MEXICO. 63 

hereafter constitute one of the educational institutions of this 
territory, to be known as The New Mexico Military Institute. 

Sec. 3.661. That said institute shall be under the supervis- 
ion and control of a board of seven regents, to serve without 
compensation, consistinfj of the g-overnor and superintendent 
of public education, ex-officio, and five citizens to be appointed 
by the governor; the term of office of the appointed to be so 
arranged that one shall retire each year, and after the selection 
of the first board the term of office of each appointed member 
shall be five years. 

Sec. 3662. Upon the appointment of the members of the 
board, as hereinbefore provided, they shall organize and elect 
from their number a president and secretary and treasurer, 
who shall do and perform all the duties that shall be incum- 
bent upon them as such officers. 

Sec. 3663. It shall be the duty of the board of regents 
to establish, maintain and control, at Roswell, a military in- 
stitute for the education and training of the youth of this 
country, of as high a standard as like institutions in other 
states and territories. 

Sec. 3664. The said board shall have full power and au- 
thority to make such rules and regulations concerning the gov- 
ernment and course' of said institute as they mav deem proper ; 
to make contracts with teachers; to erect buildings and make 
such other improvements as the institute may require. 

Sec. 366 .s. The said board of regents shall have power 
to sell, lease or otherwise dispose of, as to them may seem best 
for the benefit of the institute, the lands and property hereto- 
fore donated by the citizens of Chaves county to said institute, 
or that mav hereafter be donated, except forty acres surround- 
ing the proposed site of the institute, which shall be forever 
set apart for the use of the institute. 

Sec. 3666. That all deeds for the sale of lands and all con- 
tracts made by the said board shall be signed by the president. 

Sec. 3667. An issue of the bonds of the Territory of New 
Mexico is hereby authorized and directed to be made, in the sum 



64 COMPILATION OF THE SCHOOL LAWS 

of fifteen thousand dollars, to be known as the New Mexico 
Military Institute bonds; such bonds shall be issued in the 
denominations of one thousand dollars each, bearing interest 
at the rate of five per cent, per annum, the interest payable 
semi-annually, on the first days of January and July, and prin- 
cipal and interest payable at the Western National Bank, at 
the City of New York, in the State of New York ; said bonds 
shall be signed by the governor and treasurer of the terri- 
tory and countersigned by the auditor of public accounts, 
and shall be made payable In thirty years from July ist, 1895, 
but redeemable at the pleasure of the territory at any time 
after ten years from their date, which shall be July ist, 1895, 

Sec. 3668. The auditor of public accounts is hereby di- 
rected to levy annually a tax sufficient to pay the interest on 
said bonds, and to give notice of such assessment to the several 
officers who are charged with the duties of assessment of 
taxes in the several counties of the territory, who shall assess 
the same in the same manner that other taxes are required to 
be assessed; and for the final redemption of the principal of 
said bonds there shall in the same manner be annually levied, 
after the expiration of ten years from the date of the issuance 
of said bonds, an annual tax sufficient to provide for the pay- 
ment of said bonds by or before the maturity thereof. 

Sec. 3669. Said bonds when so issued shall be delivered 
to the board of regents of the New (Mexico Military Institute, 
and negotiated to the best advantap-e, possible, and the proceeds 
thereof shall be used by said board of regents in the erection 
of suitable building's and for other improvements that may be 
made under the direction of said board of regents for the 
benefit of the institute; and the surplus, if any, may be devoted 
by said board of regents to the use of said institute in any 
manner that it may seem best : Prdvided, however, Said bonds 
shall not be sold under ninety-five cents, but the necessary ex- 
pense of the negotiation may be deducted: And provided, 
further, That within six months from the date of the passage 
of this act a tract of land of not less than forty acres, suitable 
for the purpose of such institution, shall be donated and con- 



OF THE TERRITORY OF NEW MEXICO. 65 

veyed by a g^ood and sufficient deed to the Territory of New 
Mexico, free of any cost or expense to said territory ; and no 
bonds as herein provided shall be delivered for the benefit of 
such institution until said deed of conveyance is executed, and 
tog-ether with other evidence of perfect title to said property 
in said territory shall have been approved by the solicitor 
g-eneral of said Territory of New Mexico, and filed in the 
office of the secretary of said. Territory of New Mexico. 

Sec. 3670. (Repealed, 1901.) 

Sec. -3671. The regents of the New Mexico Military Insti- 
tute may charge a larger tuition fee if it is deemed necessary 
to Ho so to maintain said institute. 



CHAPTER VI. 



An Act providing for additional buildings for the new 
mexico military institute at roswell. c.b .no. 9; 
Approved February 20, 1901. 

Section i. An issue of bonds of the Territory of New 
Mexico is hereby authorized and directed to be made in the 
sum of twenty-five thousand dollars, to be known as the New 
Mexjco Militarv Institute bonds; such bonds shall be issued 
in the denominations of one thousand dollars each, bearing- 
interest at the rate of five per cent, per annum, the interest 
payable semi-annually on the first days of Jailuary and July, 
and principal and interest payable at the Western National 
Bank, at the Citv of New York, in the State of New York; 
said bonds shall be signed by the governor and treasurer of 
the territory, and countersigned bv the auditor of public ac- 
counts, and shall be made payable in twenty years from July 
ist, 1 90 1, but redeemed at pleasure of the territory at any time 
after ten years from their date, which shall be July ist, 1901. 

Se€. 2. Said bonds shall be issued and negotiated under 
the direction of the treasurer of the territory anS the proceeds 
thereof delivered to the board of regents of the New Mexico 
Military Institute, and by them shall be used in the erection, 



66 COMPILATION OF THE SCHOOL LAWS 

equipment and maintenance of suitable additional buildings ofl 
the grounds of said institute under the direction of said board 
of regents for the benefit of the institute : Provided, however, 
Said bonds shall not be sold under their face value.. 

Sec. 3. For the pyrpose of providing funds with which 
to meet the payment of the said bonds and the interest thereon 
as the same accrues, it is hereby enacted: Firsts that all rents 
derived from the lands donated to said Military Institute by 
the act of Congress approved June the 21st, 1898, entitled, "An 
act to make certain grants of land to the Territory of New 
Mexico, and for other purposes, and which have been here- 
tofore or may be hereafter set apart to said Military Institute 
under the provisions of said act of Congress, shall be appro- 
priated to the payment of the interest on said bonds as the 
same accrues, and said rentals shall not be used for any other 
purpose unless there should be a surplus of funds derived from 
said rentals remaining after the payment of said interest, in 
which event said surplus shall become a part of a sinking fund 
to be used in paying said bonds when due; and if said rentals 
shall at any time be insufficient for paying said interest when 
due, the auditor of public accounts of the territory is hereby 
directed to levy annually a tax sufficient to pay any such de- 
ficiencv and for the purpose of enabling the said levy to be 
made by the board of public lands shall furnish the auditor a 
statement showing the amount of lands rented and an estimate 
of the probable amount which will be realized therefrom each 
year; and, second, there shall be set apart and appropriated 
out of the proceeds of the sale of the first twenty-five thousand 
acres of the said land so donated and set apart to said Military 
Institute under the provisions of said act of Congress, all of 
the moneys derived from such sales, until same, in connection 
with rentals set apart as aforesaid, if any, shall reach a suffi- 
cient sum to pay off the principal of said bonds and also to 
pay all interest thereon, which may have accrued, and been 
paid by the territory out of other funds than those derived 
from. rentals of said lands, or which may accrue or become 
due thereon from time to time. 

Sec. 4. All funds realized from said rentals and the sale of 



OF THE TERRITORY OF NEW MEXICO. 67 

said twenty-five thousand acres of said land or so much thereof 
as may be necessary to provide for the payment of said bonds, 
principal and interest, shall be set apart and paid over to the 
treasurer of the territory as custodian, to be by him paid out 
only in payment of the interest on said bonds as the same ac- 
crues, and in payment of said bonds when payable : Provided, 
Any moneys coming- into the hands of the clistodian as interest 
upon said sinking fund shall be made a part of said fund. 

Sec. S- In event sufficient funds have not been realized 
from the sale and rentals of said lands for the payment of 
said bonds, principal and interest, on the first day of January, 
A. D. IQ2I, then said twenty-five thousand acres of land, or 
so much thereof remaining- unsold at that time as may be 
necessary, shall be at once put upon the market and sold by 
the board of public lands under such regulations and laws 
as may then be in force, and the proceeds realized from such 
sale shall go to pay any part of said bonds and interest then 
unpaid when due and to reimburse the territory for all in- 
terest paid by it and remaining- unpaid in accordance with 
section four hereof. 

. Sec. 6. The g;overnor of the territory and each member 
of the Council and House of Representatives composing the 
Thirty- fourth legislative assembly and of each succeeding 
Assembly thereafter of the Territory of New Mexico shall 
have the privilege of appointing- one cadet from his district to 
said Military Institute, who shall be by the said board of 
res'ents received and furnished military training and equip- 
ment, tuition, lodging and medical attendance, free of cost, 
and board at actual cost to the institute for the period of two 
scholastic years, from the first Monday in September after 
such appointment : Provided, hozvever, Said cadet so appointed 
must not be less than fourteen nor more than twenty years 
of age at the time of entering- the institute, and subject to 
other qualifications required by the board of regents. Such 
appointment shall be made during the Legislative session of 
1 90 1, and each sessiqn thereafter, except in case of vacancy 
for any cause whatever, which shall be filled by the member 



68 COMPILATION OF THE SCHOOL LAWS 

in whose district it occurs, or by the governor if at large» 
upon notice from the president of the institute. 

Sec, 7. Section 3670 of the Compiled Laws of New Mex- 
ico is hereby repealed. 

"^ CHAPTER LXIII. 



An Act amendatory of the law relating to the new 

MEXICO military INSTITUTE AT ROSWELL. H. B. No. 

169; Approved March 20, igoi. 



Section i. That for the better government and enforce- 
ment of discipline in the New Mexico institute, located at 
Roswell, the superintendent, commandant of cadets and in- 
structors in said institute shall be corrimissioned as aides-de- 
camp on the staff of the governor and comm-ander-in-chief, 
in addition to the number of aides-de-camp otherwise provided 
bv law; the superintendent to have the rank of colonel, the 
commandant of cadets to have the rank of captain, who shall 
hold office as such during the time they are employed in such 
capacity in said institute and no longer, and they will be al- 
lowed to wear the uniform of their rank while on duty in the 
institute, and upon all public occasions when the National 
Guard is under arms or the staff of th€ Governor and com- 
mander-in-chief shall be ordered out. 

Sec. 2. The superintendent of the Military Institute shall 
have power to divide the students of the institute into com- 
panies and battalions and to appoint company and battalion 
officers and non-commissioned officers, who shall hold their 
offices at the pleasure of the superintendent. Commissions 
shall be issued by the superintendent to company and battalion 
officers to be known as cadet commissions, which shall be 
signed by the superintendent and commandant of cadets, and 
a record kept of the same by the commandant showing the 
date of all such commissions, an(l the expiration of the same 
and for what cause. The superintendent shall have power to 
prescribe the number and rank and duties of cadets, and non- 



'OF THE TERRITORY OF NEW MEXICO. B'9 

commissioned officers, conforming- so far as practicable to 
'.the laws governing- the national guard of the territory. 

Sec. 3. It shall be the duty of the superintendent to pro- 
vide a safe and convenient place for the keeping and preserva?- 
tion of all ordnance and quartermaster's stores received from 
the territory for the use of the institution, and on and before 
the thirty-first day of December in each year he shall make 
a, report to the adjutant general of the territory of all such 
stores on hand, and in such report he shall show their condi- 
tion, whether serviceable or unserviceable, and if any of such • 
stores should be lost or destroyed, the manner of their loss or 
destruction. 

Sec. 4. The governor and commander-in-chief shall cause 
the adjutant general to make an annual inspection of the dis- 
cipline, course of study and general management of the Mili- 
tary Institute, a report of which inspection shall appear in 
the annual report of the adjutant general. 
■ Sec. 5. The two cadets of the Military Institute who shall 
at graduation have the highest standing in the graduating 
class shall receive from the governor and commander-in-chief 
commissions as second lieutenants in the National Guard of 
the territory, and be assigned to duty to fill any vacancy in that 
grade occurring in any national guard organization stationed 
in the county of their residence, without examination. 

Sec. 6. All laws and parts of laws in conflict herewith are 
repealed. 

DEAF AND DUMB SCHOOL. 

Sec. 3672. A school for the education of the deaf and 
dumb children resident in this territory is hereby established. 

Sec. 3673. The school provided for in the next preceding 
section of this act is hereby placed under management and 
control of a committee consisting of the attorney general, 
auditor and treasurer of the territory, who shall make alt 
necessary rules and regulations for the government of the 
same, and shall have power to employ teachers and fix the 
salary or compensation therefor, and shall fix and regulate the 



70 COMPILATION OF THE SCHOOL LAWS 



amount to be paid by each pupil ; but they may admit indigent 
pupils to said school, free of charsce, in which event the terri- 
tory shall pay therefor whatever said committee may allow : 
Rrovided, That the total sum to be paid by the territory shall 
at no time exceed, the sum of one hundred dollars per month, 
and only indigent children between the ages of eight and seven- 
teen years shall be admitted free to said school. 

Sec. 3674. On a proper showing of facts, said committee 
shall have power to make a reduction in the amount required 
to be paid by any pupil, not indigent, where it may appear that 
said pupil, or its parents, cannot pay the full amount so re- 
quired. 

. Sec. 3675. The committee provided for in this act shall 
provide, at the expense of the territory, suitable buildings and 
property, either by renting the same or by purchase, and shall 
locate said school. 

Sec. 3676. All payments required to be made under the 
provisions of this act, for salary, for tuition fees and support of 
indigent pupils, and for rents and property, or for anything 
else to properly, carry into effect this act, shall be made out- 
of the territorial treasury, on the warrant of the auditor, 
who is hereby authorized to draw the same on the order of 
said committee, or a majority of its members. 

Sec. 3677. The school herein provided for shall be a terri- 
torial school and shall in no manner be considered a private in- 
stitution. 



CHAPTER XLII., LAWS 1899. 



NEW MEXICO ASYLUM FOR THE DEAF AND DUMB. 



.Section i. The asylum for the education of the deaf and 
dumb children resident in this territory established by the 
act -of the Territorial Legislature, approved February 24, 
1897,' printed in the Session Laws of that year as Chapter 
XXXL, is hereby recognized and continued as a territorial 



■COMPILATION OF THE SCHOOL LAWS 71 



institution to be hereafter known and called "The New Mex- 
ico Asylum for the Deaf and the Dumb." 

And all the lands, building's and improvements purchased 
and erected for the benefit of the said asylum in the County 
of Santa Fe, shall inure to the benefit of the said Asylum for 
the Deaf and the Dumb; and proper appropriations shall be 
tnade by the legislature for its continuance and support. 

Sec. 2. The said asylum shal'l be under the Control and 
management of a board of trustees consisting of the super-- 
intendent of public instruction and four other competent per- 
sons, two of whom may be women. 

Said four persons to be nominated by the Governor, and by 
and with the consent of the Legislative Council [,] appointed 
to such position ; two of such appointees shall serve for a term 
of four years from the time of their appointtnent, and two 
for the term of two years from such date>n the first instance, 
after which all appointees on slich board shall serve for four 
years from the date of their appointment ; vacancies occurring 
in said board shall be filled in the same manner as is provided 
for by law for the filling of vacancies in other public boards. 

The said board shall meet and organize on the second Mon- 
day of April after their appointment by electing from among 
their number a president and a secretary, and it shall make 
its own rules and regulations for the government of its meet- 
ings and the institution under its care. 

Such board shall have full power and authority to employ 
a superintendent, teachers and. all other necessary employes 
to carry on the said asylum in the most efficient manner witll 
the appropriations made therefor, with full power to provide 
suitable buildings, additions to existing buildings, and other- 
wise enlarging and improving the buildings and property now 
occupied bv said asylum. 

Provided, That it shall _be unlawful for any member or 
members of said board of trustees to incur any indebtedness 
or provide any improvements, repairs, or enlarge said build- 
ings, except for current expenses, unless there shall be money 
on hand in the treasury subject to be used for such purposes. 



72 COMPILATION OF THE SCHOOL LAWS 

Such board shall serve without compensation or salary^ 
except that they may be refunded actual cash expended by 
them in necessarily attending- the meeting's of such board ; and! 
the present committee in charge of such asylum shall turn 
over upon demand of such board all records, books, papers^ 
deeds, contracts and other property now in its hands belong-ing- 
or appertaining to the present asylum. 

The said board of trustees shall biennially, on the years, 
.wh^n the legislative assembly of the territory meets, present 
to the Governor a full and detailed report including an item- 
ized statement of all expenditures and of all its doings and 
actions during- the previous two years, with such information 
and recommendations as it may deem necessary and Advisible 
[advisable] for the governor and the legislature to act upon. 

S"he donation by Congress under its act approved June 21, 
1898, of fifty thousand acres of land for the establishment and 
maintenance of an asylum for the deaf and dumb is hereby 
accepted by the territory for the benefit of the said asylum, 
and the said trustees shall receive and use thp same as other 
property belonging to it. 

Sec. 3. The Asylum hereinbefore described shall be de- 
voted exclusively to the care and instruction of the deaf and 
mutes, those who are either deaf or mute, of both sexes, resi- 
dent within the Territory of New Mexico between the ages 
of eight and twenty-one years. 

All instruction shall be free: Provided, That deaf or mute 
children from other states or territories and Indian children 
under the control of U. S. Indian agents, may be received and 
educated in said asylum, under such rules and regulations as 
the board of trustees may prescribe; but in no event shall 
such children be admitted except upon the payment or guar- 
anty of at least two hundred and twenty-five dollars for the 
school year on the basis of nine months for such year, and 
the president of such board of trustees is hereby authorized 
to make and enter into on behalf of the said asylum all neces- 
sary agreements and contracts with the U. S. Government 
and the proper authorities of such other states and territories 



OF THE TERRITORY OF NEW MEXICO. 73 

for the receotion and education of such children; arid he is 
further authorized to receive and receipt for all moneys paid 
upon such account and to indorse and transfer all checks, 
vouchers or other evidences of pa5^nient made or received 
in behalf of such asylum. 

Sec. 4. It is hereby made the duty of the clerks of all 
school districts and boards of education within the Territory 
of New Mexico to report to the school superintendent of their 
respective counties the names, a^e, sex and residence of ail 
deaf or mute, persons of school as^e residing- within their re- 
spective districts, to,2:ether with the postoffice address of the 
parents or guardians of such children, this report to be incor- 
porated in the regular report from such school district at 
the time provided by law; and it shall be the' duty of such 
school superintendent to at once send a report to the superin- 
tendent of this asvlum including the names and addresses of 
all such children within his county. 

It shall then be the duty of the superintendent of this asylum 
to at once notify the parents or guardians of such children to 
send the same to this asylum for proper instruction at a time 
to be fixed by him. 

If the parent or guardian of any such child shall make oath 
that by reason of his poverty he is unable to suitably clothe 
such child and provide means or transportation for it from 
its home to such asylum, and the probate judge of such county 
in which the child lives shall certify that such is the fact under 
the seal of his court, then and in that case the superintendent 
of said asylum is authorized to draw a requisition upon the 
board of trustees for a sufficient amount of money to suitably 
clothe such child and pay for its transportation to this asylum, 
which requisition shall be honored by such board and such 
child shall thereupon be sent by its parents or guardian to 
such asylum for instruction, and the provisions of Section 42 
Chapter 25, of the Session Laws of 1891 — Section 1555, C. 
L., i8q7, in regard to compulsory attendance upon the public 
schools are hereby extended to and made applicable to attend- 
ance uDon some school for the deaf and the mute, and the 



74 COMPILATION OF THE SCHOOL LAWS 

scliool directors of the several districts are hereby required 
and directed to enforce the same with regard to this asylum 
in the same manner as is provided by that section for enforc- 
ing- attendance upon the district schools. 

Any failure on the part of any person hereinbefore men- 
tioned to complv with the duties herein provided shall be 
deemed as a misdemeanor and punished as such. 



CHAPTER XLVI, LAWS 1899. 



An Act to enforce the building of school houses. 



Section i. That the county superintendent of schools 
for each county in this territory shall have power in cases 
where any school district in his county does not own a school 
house, upon a petition signed by twenty residents of such 
school district, being each the head of a family and having 
children of school age in the family, to order the school di- 
rectors of such school district to submit the question of issuing 
bonds of such district for the purpose of building a school 
house as provided for in Section 1542 of the Compiled Laws 
of 1897 to the voters of such school district, and for failure 
or refusal so to do, such superintendent shall remove any or 
all of such directors from office and appoint others of his own 
choosing in their place. 

Sec. 2. In cases where the question of issuing such bonds 
has been or shall be submitted to the voters of such school 
district, and shall fail to carry, then such county superintend- 
ent of schools shall in writing order the county treasurer 
to set aside such portion of the school fund of such district, 
not less than one-fifth thereof, yearly, for the purpose of 
eventually building a school house for such district, ?nd such 
fund shall be kept for such purpose only, and such supe-intend- 
ent shall, when in his opinion such fund is sufficien' large 
for the purpose, order the school directors of such ■ ict to 
build such school house, he to approve the contract tb for. 

Sec. 3. Any person failing to perform the duties mired 



OF THE TERRITORY OF NEW MEXICO. 75 

of them by this act shall be guilty of a misdemeanor, and on 
conviction thereof shall be punished by a fine of not less than 
one hundred dollars, or more than five hundred dollars; and 
it is hereby made the duty of the territorial superintendent 
of education or of public instruction to see that this act is 
strictly enforced, and to make all proper complaints for viola- 
tion thereof; and it is further made the duty of all district 
attorneys to vigorously prosecute the same. 




CHAPTER LVIII. 



Sec. 13. Every county, city, town, villag"e and school dis- 
trict within this territory is hereby authorized and required 
to compromise and refund its matured and maturing indebted- 
ness, evidenced by outstanding bonds, interest coupons, judg- 
ments or other lawful, outstanding indebtedness, hereinafter 
mentioned, whenever the holders and owners thereof shall con- 
sent thereto, and to issue new bonds as provided in this act, 
in payment or exchange at par for any sum so compromised or 
refunded in the manner hereinafter provided. 

Sec. 26. Any board of directors of any school district o.r 
board of education in towns, villages or cities within this 
territory are hereby authorized to refund the outstanding 
bonded indebtedness of such school districts in the same man- 
ner and under the same conditions as hereinbefore provided 
for the refunding of outstanding bonded indebtedness of other 
municipalities; and all bonds and interest coupons issued by 
such school districts in exchange for outstanding bonds shall 
be signed By the board of directors or board of education 
of such school districts and attested by the clerk of said 
boards, and such old bonds so redeemed shall be destroyed and 
a record of such destruction made by such board of directors 
of education, and witnessed and attested to by the probate 
judge of the county wherein such school district is situated. 

NoTE^ — For form of bonds, etc., see Chapter LVIII, Laws 
1899. 



COMPILATION OF THE SCHOOL LAWS 77 



CHAPTER LXXIV., LAWS 1899. 



REGARDING DISPOSITION OF FUNDS ARISING FROM THE LEASING 
OF PUBLIC LANDS. 



Sec. 7, That the commissioner of pubhc lands shall 
keep separate accounts of all moneys received from lands re- 
served for common schools, a university, an agricultural col- 
lege, a school of mines, normal schools^ a military institute, 
a reform school, an institution for the blind, an asylum for the 
deaf and dumb, permanent water reservoirs for irrigating pur- 
poses, improvement of the Rio Grange, an asylum for the in- 
sane, a miners' hospital for disabled miners, public buildings 
at the Capitol, territorial penitentiary, the Territory of New 
Mexico, or for any other purpose; and the said moneys shall 
be turned over to the territorial treasurer on the lirst dp.y 
of each month to the credit of the several funds respectively 
entitled to receive the "same. 

Sec. 29. That the income derived from leasing of said 
lanfls or from the investment or loaning of the funds belong- 
ing to any of the institutions or objects mentioned in this act 
shall be tarncd over to the territorial treasurer, as provided 
for in this act, to the sole credit, and for the sole use, estab- 
lishment and maintenance of that particular institution or ob- 
ject for which the said lands or funds were granted or set 
apart. And said income derived from leasing, investment 
or loaning, in excess of actual expenses necessarily incurred 
in connection with the execution thereof, and so turned over 
to the credit of any particular institution or object, shall be 
paid out to said institution or object according to the provis- 
ions for paying public moneys to such institutions or objects : 
Provided, That the territorial treasurer shall, quaterly, on 
or before the first Monday of March, June, September and De- 
cember, make a complete exhibit of all moneys applicable to 
the use and support of the common schools of the territory, 
and shall deliver the same, duly certified, to the Territorial 
superintendent of public instruction; and within twenty days 



78 COMPILATION OF THE SCHOOL LAWS 

thereafter the territorial superintendent shall make the ap- 
nortionment of said moneys to the various counties according 
to the pro rata enumeration of school children in each- county 
last returned from the county superintendent, and shall cer- 
tify the apportionment of each county to the territorial treas- 
urer and territorial auditor and to [^Jhe treasurer and su- 
perintendent of each county, and the territorial auditor shall 
draw his order on the territorial treasurer in favor of the 
treasurer of each county for the amount proportioned to the 
county; and said moneys so apportioned shall be apportioned 
and distributed in said county according- to the provisions gov- 
erning the apportionment and distribution of other territorial 
funds. 

Sec. 30. That whenever any school section, that is, section 
16 and 36, or any other portion of the public domain which 
may be selected or segregated for the purposes of this act is 
occupied by any person or persons, such person or persons 
having made improvements thereon, such person or persons 
shall have the preference right to lease such section or part 
thereof so occupied and improved, and when the same may 
be sold or offered for sale such person or persons shall have 
the .preference right of purchase thereof: And provided 
further, whenever any school section or any part thereof or any 
other portion of the public domain which may be selected and 
segregated for the purposes of this act and which may be 
occupied or used as a cemetery or burial ground by any person 
or persons or community, such nerson or persons or community 
shall have the prefence right to purchase the same at one dollar 
and twenty-five cents per acre, and said section or parts thereof 
so used shall not be leased under the provisions of this act, 
except for cemetery purposes to persons or community occupy- 
inp;_ the same for such purpose. 



[HIS fRi iiS 190 



CHAPTER III. 



An Act for the protection of minors and pupils in 
SCHOOLS. C. B. No. 1 ; Approved February l8, 1901* 



Section i. That it shall be unlawful for any person to 
sell or g^ive to any minor under the age of eighteen years, or 
to any pupil of any school or educational institution within 
this territory any intoxicating liquor or any cigars, cigarettes, 
or tobacco in any form, except upon the written consent of 
the parent or guardian of such minor or pupil. 

Sec. 2. It shall be unlawful for anv merchant, apothecary, 
saloonkeeper, or the proprietor or manager of any other estab- 
lishment in which intoxicating liquors or tobacco in any form 
are kept or offered for sale, to permit any minor under the 
age of eighteen years or pupil in any school or educational in- 
stitution to engage in any play, or game of chance with cards, 
dice, wheels_^ or by the manipulation of any machine or device 
by means of which money or any commodity or property may 
be hazarded, won or lost, acquired or transferred. 

Sec. 3. It shall be unlawful for any proprietor, keeper 
or manager of any saloon wherie intoxicating liquor is kept 
or offered for sale, or where gambling in any form is carried 
on or permitted, to permit any minor under the age of twenty- 
one years or any pupil in any school or educational institution 
to loiter upon or frequent the premises belonging to ^ucll 
saloon, or to engage in ^ames or amusements of any kind 
thereon. 

Sec. 4. Every person maintaining any establishment where 
intoxicating; liquor or tobacco in any form are kept or offered 



COMPILATION OF THE SCHOOL LAWS 



for sale is required to keep posted in a conspicuous place 
within his place of business a printed copy of this law, and it 
shall be unlawful for any such person to carry on his business 
without having- such copy at all times posted as aforesaid. 

Sec. 5. (As amended, Laws 1903.) Any person violating" 
the provisions of the foregoing sections of this act, or any 
of them, shall upon conviction be punished for each offense 
bv a fine not less than, twenty-five nor more than one hundred 
dollars, or by imprisonment not less than thirty days nor more 
than three months, or both, at the discretion of the court try- 
ing the cause; and the moneys accruing from such fines shall 
be covered into general school fund of the county in which 
the offense occurs. And it is hereby made the duty of the 
county supeintendent of schools to prosecute before justices 
of the peace all persons, firms or corporations violating Section 
4 of this act. 

Sec. 6. Any person who shall have been convicted of vio- 
larnig the fourth section of this act, or who shall have been 
twice convicted of violating any other section of this act, 
shall, in addition to the penalties otherwise in this act pre- 
scribed, forfeit his license and right to do business of the na- 
ture hereinbefore mentioned within the county in which the 
offense was committed for the period of one year, and th£ 
doing of such business by such person within such county dur- 
nig said period after such conviction shall be punishable as 
prescribed in section five of this act. 

Sec. 7. The word "person," as used in this act, shall be 
deemed to mean firm or corporation, as well as natural person, 
and the person managing the business of such firm or corpo- 
ration shall be liable to the penalties prescribed by this act. 
And the proprietor or owner of any of the establishments men- 
tioned in this act shall be liable to the penalties prescribed by 
this act for any violation of its provisions within or at their 
establishments, Avhether committed by them'selves or by per- 
sons in their employ. 

Sec. 8. xAll acts and parts of acts in conflict with the pro- 
visions of this act are repealed, and this act shall be in force 
from and after its passage. 



OF THE TERRITORY OF NEW MEXICO. 81 



CHAPTER XVII, LAWS 1901. 



Sec. 26. It shall be the duty of the school superintendent 
of each county to see that all children in his county, of school 
ag^e, are vaccinated ag^ainst smallpox, and to that end every 
teacher of a public school shall see that the children in his 
district are successfully vaccinated or have been vaccinated 
within one year previous, and it shall be unlawful for any 
child to attend school, or for any teacher to allow such child 
within any school house unless so vaccinated, or showing 
proper certificate that it has been vaccinated; such teacher shall 
make report of the number of children whom they 
have caused to be vaccinated, and those who have 
presented certificates that they have been vaccinated to 
the county school superintendent at the beginning of the 
school year and as often thereafter as they may deem neces- 
sary, together with the report of the names of any parents 
who refuse to allow their children to be vaccinated, and any 
person who shall so refuse or nesilect to have his or her chil- 
dren vaccinated in accordance with the law, shall be deemed 
guilty of a misdem.eanor, and upon a report to that effect by 
the county superintendent, it shall be the dutv of the sheriff 
or any constable whom he may^ designate, to arrest such per- 
son, and upon being convicted he shall be fined not less than 
ten dollars nor more than one hundred dollars, or imprisoned 
in the county jail not exceeding one hundred days, and the 
fine so imposed shall go to and be a part of the school fund 
of the district in which such offender lives. These provisions 
shall aTTply to children and parents in incorporated cities and 
towns, and the duties heretofore imposed upon county school 
superintendents are hereby made applicable to boards of educa- 
tion therein. 

Sec. 27. The vaccination provided for in the previous sec- 
tion shall be by the health officer, aopointed by the board of 
county commissioners or by some competent person selected 
by the school directors of the district or the board of educa- 
tion in the city or town, and shall be paid for by the parents of 



82 • COMPILATION OF THE SCHOOL LAWS 

such children where they are able so to do, but in case of their 
inability by reason of lopverty, the same shall be paid for by 
the board of education or school directors of the several 
districts, out of the school fund. 



CHAPTER XXVII , LAWS 1901. 



Sec. 3. In addition to the privileges, powers and duties of 
boards of education heretofore prescribed by law, the power is 
hereby g'ranted to boards of education for districts consisting- 
of incorporated cities or towns to employ a city or district su- 
perintendent, who, in conjunction with the board. of educa- 
tion, shall be authorized to hold special teachers' institutes 
for the instruction of teachers ; and they shall also have power 
to levy a tax for the support of the schools of the district, not 
exceeding in any one year seven and one-half mills on the 
dollar on all taxable property within the district, for school 
purposes; said levy to be made, approved, certified and col- 
lected as heretofore provided by law. 

Sec. 6. The county school superintendents of counties of the 
first class shall be paid the sum of $5 for each and every day, not 
exceeding three days in any one year, for his services, ex- 
oenses and time employed in visiting each school district during 
session of the school in said district outside of the one in 
which he resides, in addition to the salary now allowed by 
law; said amount to be paid out of the general school fund 
of such county by the board of county commissioners as 
other expenses and salaries are paid : Provided, That said 
superintendents shall in no case charge nor be allowed pay for 
visiting more than forty-five districts in their county during 
any one year. 



COMPILATION OF THE SCHOOL LAWS 83 



CHAPTER XLIII. 



An Act for the protection of children and others at- 
tending THE PUBLIC SCHOOLS OR OTHER EDUCATIONAL 
INSTITUTIONS IN THE TERRITORY OF NEW MEXICO. C 

B. No. 5^0; Approved March i8, 1901, 



Section i. No person shall be employed as a school 
teacher, instructor or professor in any public school or other 
educational institutions in the Territory of New Mexico sup- 
ported in whole or in part by revenues derived from taxes 
paid into the public treasury by the taxpayers of this territory . 
who shall be afflicted with the disease called tuberculosis, com- 
monly known as consumption, in a transmissable form. 

Sec. 2. Before any person shall be employed as a school 
teacher, instructor or professor in any public school or other 
educational institution of this territory he shall file with the 
governing- authorities of the school district, board of educa- 
tion, board of reg'ents, or other governing" educational body 
of any university or college, a certificate from a regular physi- 
cian, who shall be named by the president of the territorial 
board of health, that the said person is not at the time of the , 
examination to be made by said physician afflicted with the^^ 
said disease called tuberculosis, comm.only known as consump- -. 
tion as hereinbefore defined. -, 

Sec. 3. Any and all persons now employed as school teach-, 
ers. instructors or professors in any public school or other edut;, 
cational institution in this territory shall, within thirty days . 
from and after the passage and approval of t,his act, obtaii^i., 
nnd present to the governing- authorities of the school district,:, 
board of education, board of regents or other governing _^ 
edi^ational body of any university or college, in which s^gli.- 
person shall be employed, a certificate from a regular physician 
so to be named by the president of the territorial board.^of 
health that the said person is not at the time of the examina-^j 
tion, to be made within said thirtv days by, said physiciai^jjaf-;., 
flicted with the said disease called tuberculosis, comi^ionlj--^ 



84 COMPILATION OF THE SCHOOL. LAWS 

known as constrmption, as hereinbefore defined, and any such 
person fainng- to obtain and file the said certificate as herein 
provided within the time herein specified shall be forthwith 
discharsfed as such school teacher, instructor or professor by 
the authorities provided by law for the entployment and re- 
lease and discharg-e of persons employed as school teachers, 
instructors or professors in the public schools or other educa- 
tional institutions of this terrritory. 

Sec. 4. For the making of the examination provided for 
in this act and for the making of the certificate hereby pro- 
vided for, the physician making the same shall charge a fee 
of two dollars and no more. 

Sec. 5. If at any time there shall be lodged with the gov- 
erning authorities of any school district, board of education, 
board of regents or other governing educational body, a com- 
plaint signed by any taxpayer of this territory, setting forth 
that in his opinion any school teacher, ingtructor or professor 
is afflicted with the disease known as tuberculosis, commonly 
called consumption, as hereinbefore defined, such governing 
authorities, board of education, board of regents or other 
educational body shall forthwith require such person so 
claimed to be afflicted with tuberculosis to submit to an ex- 
amination by a physician to be named by the president of the 
territorial board of health, and unless such person shkll 
within ten days thereafter file with the , school authorities a 
certificate from such physician that he is not afflicted with the 
disease commonly known as tuberculosis or consumjition, such 
person shall be forthwith discharged from employment as 
such teacher, instructor or professor, and no warrant or order 
for any salary or wages to any such person shall be naid by 
any school or other treasurer until such certificate shall have 
been obtained and filed as provided for in this section. 

Sec. 6. Any person holding any office, administrative or 
otherwise, connected with the public schools or educational 
institutions of this territory or any county, city or other muni- 
cipality thereof, who shall refuse to perform or neglect to per- 
form the duties prescribed for him by the provisions of this 



OF THE TERRITORY OF NEW MEXICO. 35 

act shall, upon complaint dnly filed with the governor of this 
territory and duly substantiated to the satisfaction of said 
g-overnor, be forthwith removed from office by the governor. 

Sec. 7. This act shall take effect and be in force from and 
after the passage thereof. 

Note — See Chapter 92, Laws 1903, here following. 

CHAPTER XCII, LAWS 1903, 



An Act to amend chapter 43, of the session laws op 
NEW MEXICO of 1901, an Act entitled "An Act for the 
protection of school children and for other purposes." 



Section i. That whenever in this act the phrase of ex- 
pression "physician appointed by the president of the New > 
Mexico Board of Health" occurs the same is hereby stricken 
to practice medicine in New Mexico, and who is not himself 
out and the following inserted in lieu thereof : "Any reputable 
nhysician, who is a resident of New Mexico and has a license 
afflicted with the disease." ' 

Whenever such physician shall find the applicant to be af- 
flicted with tuberculosis, or what is commonly known as con- 
sum.ption, it shall be his duty to at once notify the superin- 
tendent of public instruction of New Mexico, giving the 
namie, age and sex of the applicant, together with the date of 
examination, and a general statement of the case. Whereupon 
it shall be the duty of said superintendent to at once notify 
the school superintendents of each county in New Mexico of 
the information he has received. And in case any applicant so 
examined shall feel aggrieved he may take appeal to the New 
Mexico board of health and present himself for examination, 
and it shall be the duty of said board of health to thoroughly 
examine such person, and the result and decision of said board 
shall be final, and such decision shall be certified by it to the 
superintendent of public instruction of New Mexico, who 
shall thereupon notify the different school superintendents of 
each county. 



86 COMPILATION OF THE SCHOOL LAWS^ 

Sec. 2. No person who has been examined by a physician- 
under this act or of the act of which it is amendatory, and has- 
b^en rejected by such physician shall apply to any other phy- 
sician for examination or certificate, but he shall have right of 
appeal to the board of health of New Mexico. And if any 
person shall apply to any other physician in violation of this, 
act, he shall be deemed guilty of a misdemeanor, and upon con- 
viction shall be fined in any sum not to exceed one hundred 
dollars ($100.00) and shall not be eligible as a school teacher 
in any county of New Mexico. The fine hereby imposed shall 
be collected and paid over to the territorial school fund. 

Sec. 3. All acts and parts of acts in conflict are hereby 
repealed, and this act shall be in force thirty days after its 
passage. 



CHAPTER LV. 



An Act to regulate the election of directors of 
SCHOOLS^ Approved March 19, 1901. 



Section i. That at the next ensuing election of directors 
of schools in the several districts of the counties 'of this terri- 
tory one of the three of such directors shall be elected and shall 
hold his office for a term of three years, one of such three di- 
rectors shall be elected and shall hold his office for a term of 
two years, and the third of such directors shall be elected and 
hold his office for a term of one year. 

Sec. 2. At each election after the next ensuing election of 
such directors, but one of such directors shall be voted for, 
and he shall be elected and hold his office for a term of three 
years from the first day of July thereafter. 

Sec. 3. All acts and parts of acts in conflict with the pro- 
visions of this act are repealed, ^and this act shall take effect 
and be in force from and after the date of its passage. 



-OF THE TERRITORY OF NEW MEXICO. 87" 



CHAPTER LVIL 



An Act relative to the payment of school teachers, 
Approved March 19, 1901. 



Section i. That hereafter all pubhc school teachers en- 
-g-aged in teaching within incorporated cities, towns and vil- 
lages, as well as in any other public schools in the Territory 
of New Mexico shall be paid monthly, instead of quarterly, as 
now provided by law, unless there are no funds available, in 
which event they shall be paid so soon as the funds are avail- 
able therefor. 

Sec. 2. All laws or parts of laws in conflict herewith are 
hereby repealed, and this law shall be in full force and effect 
from and after its passage and approval. 



CHAPTER XCV. 



An Act to amend section eight (8) of chapter twenty- 
two (22) OF the session laws of 1899, Approved 
March 21, 1901. 



Section i. That section eight (8) of Chapter Twenty- 
two (22) of the Session Laws of 1899 be amended so as to 
read as follows:. 

Section 8. That section 1757 of the Compiled Laws of 
1897 is hereby repealed, and in lieu and stead thereof is en- 
acted the following : 

That thete shall be exempt from taxation for territorial, 
county and school purposes a family homestead, actually 
owned, occupied and used as such by the head of the family 
residing in this territory, to the amount in value of two hun- 
dred dollars : Provided, That any person making claim for 
exemption must list the property for taxation, and before an)- 
such exemption shall be granted the claimant must make oath 
before the Assessor as to ,the true market value of 'such prop- 
erty, and further swear that he is the head of a family, residing 



COMPILATION OF THK SCHOOL LAWS 



in this territory : Provided, That any head of a family claim- 
ing;^ the benefits of this section who shall in any manner assign, 
transfer or set over any part or portion of his homestead for 
the purpose of distributing its value between or among differ- 
ent persons, being heads of families, so that said homestead, 
or any oortion thereof, shall be below the sum of two hundred 
dollars in value, and so that more than one homestead exemp- 
tion ma.y be claimed in such homestead, such person shall 
not receive the benefits of said exemption, but the whole of 
such homestead shall be assessed at double its actual value, 
and he shall be compelled to pay taxation thereon without the 
benefits of any exemption thereon : Provided further, That in 
the event that any head of a family residing in this territory 
should not be the owner of a homestead, or the value of whose 
homestead does not amount to the sum of two hundred dol- 
lars, then such person shall be entitled to an exemption in a sum 
suf^cient to make the total value of his exempt property, two 
hundred dollars, which said exemption shall be allowed only out 
of the following classes of property to-wit: real estate other 
than a homestead which the said head of family owns or is pos- 
sessed of in the county wherein he resides and has his domi- 
cile ; farming implements, wagons, one team, either of horses, 
mules, burros, or one yoke of oxen, or one milch cow, or he 
may have such exemption, in the absence of such personal 
property, out of goats or household or kitchen furniture. 

Sec. 2. This act shall be in force and effect from and after 
its passage. 



CHAPTER XCVIII. 



An Act requiring territorial institutions to account 
FOR public money RECEIVED BY THEM, Approved March 

21, I9OI. 



Section i. The boards of rr#anagers of the different ter- 
ritorial institutions, under whatsoever name they may be le- 
gally designated, are hereby directed and required to keep in 



OF THE TERRITORY DF NEW MEXICO. 



suitable books of record a strict account of all moneys received 
by them from the territory, and also itemized accounts of the 
disbursement of the same. They shall require all bills against 
suth institutions to be made out in duplicate, and all salaries 
or other expenditures except for bills and current expenses 
shall be receipted for in duplicate, one of such bills or receipts 
to be kept by the said board of managers with the other 
papers and property of the institution, and the other to ac- 
company all requisitions upon the auditor o fthe territory for 
warrants, and no warrant shall be drawn by the auditor for 
any amount in favor of any such institution unless the requisi- 
tion therefor is accompanied with such itemized receipts for the 
money expended after the last requisition. 

Sec. 2. The persons in charg-e of each charitable or other 
institution which receives territorial aid, shall make their re- 
quisitions upon the auditor in the same manner as is provided 
for territorial institutions in section one of this act, and shall 
keep books and furnish itemized duplicate receipts for all 
moneys received and paid out, in the same manner. 

Sec. 3. It is hereby made the duty of the several boards 
of managers of territorial, charitable or other institutions 
which receive any money from the territorial treasury, at the 
end of each fiscal year to make out an itemized and detailed 
statement of all receipts and disbursements of such institution 
up to and including the last day of said fiscal year, which shall 
be sworn to as correct by the secretary, treasurer or other ac- 
counting officer of such institution who draws and receives 
the territorial funds, and shall be transmitted to the governor 
of the territory within the first thirty days of the new fiscal 
year; and any failure on ^the part of any person or officer 
to perform the duties herein, specified shall subject such person 
to removal from his position, and in case he is a bonded officer 
it shall be considered as a breach of his bond and be a misde- 
meanor in office, for which he may be fined in any sum not ex- 
ceeding five hundred nor less than one hundred dollars, which 
shall be recovered from him and the sureties on his bond as a 
penalty. 



90 COMPILATION OF THE SCHOOL LAWS 

Sec, 4. The g-overning boards of the several educational 
institutions of this territory shall, at the same time when the 
annual financial statement required by Section 3 of this act 
is to be made, also make and atnsmit to the governor a list 
of the pupils enrolled in such institution on the last day of the 
preceding fiscal year, stating the name, age, residence and- 
grade of each pupil. 

Sec. 5. All acts and parts of acts in conflict herewith are 
hereby repealed; and this act shall take effect and be in force 
from and after its passage. 



CHAPTER cm. 



An Act to provide for the refunding of bonds issued 

BY cities or towns FOR SCHOOL PURPOSES^ OR TO FUR- 
NISH school HOUSES^ AND TO VALIDATE SUCH BONDS^ 

Approved March 21, 1901. 



Section i. Be it enacted by the Legislative Assembly of 
the Territory of New Mexico, as follows: 

In all cases where any of the cities or towns within the Ter- 
ritory of New Mexico have heretofore issued bonds for the pur- 
pose of raising funds wherewith to purchase grounds for 
school buildings and school purposes, or with which to con- 
struct a school house or school houses, or with which to furnish 
school houses, and the proceeds of such bonds have been actu- 
ally used for such purpose, or for any of them, such bonds are 
hereby validated and legalized. 

Sec. 2. In all cases mentioned in the foregoing section, 
where any such bonds have been issued, the city or town 
issuing the same, or the successor of such city or town, is 
hereby authorized and empowered to refund such bonds as 
may be outstanding, par for par, at a rate of interest not 
exceeding five per cent, and running for a period of not 
less than ten or more than forty years. 

Sec. 3. Whenever the city council of any city, or the 



OF THE TERRITORY OF NEW MEXICO. 91 

board of trustees of any town in this territory shall determine 
to refund any of the bonds in this act mentioned, such Council 
to refund any of the bonds in this act mentioned, such council 
proceedings a general description of the bonds to be refunded, 
giving the date and amount of such issue, also an order to 
the effect that such bonds be refunded, stating the interest 
such refunding bonds are to bear, and the time they are to 
run ; and when the bonds are refunded the refunding bonds 
shall bear a certificate, stating that they are issued under the 
authority of this act, that they are such bonds as may be prop- 
erly refunded under this act, which certificate shall be signed by 
the mayor and countersigned by the clerk, and attested by the 
seal of the municipality issuing such refunding bonds. A 
record shall be made by the mlunicipality refunding such bonds 
showing the number and amiount of the refunding bonds is- 
sued, to whom issued or sold, the time when payable and the 
rate of interest. 

Sec. 4. This act shall be in force and effect from and after 
its passage. 



CHAPTER II, 



An Act to establish and maintain an asylum for the 

DEAF and DUMB^ A REFORM SCHOOL^ AN INSTITUTION 
FOR THE BLIND^ AND A MINERs' HOSPITAL FOR DISABLED 

MINERS, Approved February 13, 1903. 



Section i. That there is hereby created and established 
an asylum for the deaf and dumb, to be known as the "New 
Mexico Asylum for the Deaf and Dumb," which is hereby 
established and permanently located at the city of Santa Fe, 
in the countv of Santa Fe and Territory of New Mexico. 

Sec. 2. That there is also hereby located and established 
a territorial institution, to be known and called the "New Mex- 
ico Reform School," which is hereby located somewhere within 
the counties of Taos, Rio Arriba or San Juan, upon a tract 
of land of not less than twenty acres, suitable for the purposes 
of such institution, to be donated and conveyed free of cost 
to the Territory of New Mexico, the title to which shall be 
examined and passed upon by the solicitor general, and proper 
conveyances thereof made within six months from the passage 
of this act, such tract of land to be selected by three commis- 
sioners appointed by the governor for that purpose as here- 
inafter provided. 

Sec. 3. That there is also hereby created and established 
an institution of learning to be known as the "New Mexico 
Institute for the Blind," which is hereby located and estab- 
lished in the county of Otero, in the Territory of New Mexico. 



OF THE TERRITORY OF NEW MEXICO. 93 

at the town of Alamogordo, in said county, upon a tract of 
land suitable for the purposes of such institution^ consisting- 
of not less than twenty acres, to be donated and conveyed, free 
of cost, to the Territory of New Mexico, the title to which 
shall be examined and passed upon by the solicitor general, 
and proper conveyances thereof made within six months from 
the passage of this act, such tract of land to be selected by three 
commissioners, to be appointed by the governor for that pur- 
pose as hereinafter provided. 

Sec. 5. That act of Congress, approved June 21st, 
i8q8, entitled. An act to make certain grants of lands to 
the Territory of New Mexico, and for other purposes, is 
hereby accepted with all its terms and conditions, by the Ter- 
ritory of New Mexico, in so far as the same apply to the above 
named institutions; and no improvements or buildings shall 
be made or created upon any of such lands as are hereinbefore 
provided for until proper deeds therefor, duly approved by 
the solicitor general, have been executed and recorded in the 
proper county and filed in the office of the secretary of the 
Territory. 

Sec. 6. The management and control of each of said 
institutions above established, the care and preservation of 
all property of which they shall become possessed, the erection 
and construction of all buildings necessary for their use, and 
the disbursement and expenditure of all moneys appropriated 
by the Territory of New Mexico, or which shall otherwise 
come into their possession, shall be vested in a board of five 
trustees, one of such boards for each of said institutions; and 
each of said trustees shall be qualified voters and owners of 
real estate in the Territory of New Mexico. Said trustees 
shall possess the same qualifications, shall be appointed in the 
same manner, and their terms of office shall be the same and 
the vacancies therein shall be filled in the same manner as is 
now provided by law with reference to the regents of the Ter- 
ritorial University at Albuquerque, New Mexico. Said trus- 
tees and their successors in office shall constitute a body cor- 
porate under the name and style of "The Trustees of the New 
Mexico Asylum for the Deaf and Dumb," "The Trustees of 



94 COMPILATION OF THE SCHOOL LAWS 

the New Mexico Reform School," "The Trustees of the New- 
Mexico Institute for the Blind," and "The Trustees of the 
Miners' Hospital of New Mexico," respectively, with the rig^lit 
as such of suing- and being- sued, of contracting and being con- 
tracted with, of making and using a common seal and altering- 
the same at pleasure, and of causing all thing-s to be done 
necessary to carry out the provisions of this act. A majority 
of such board of trustees of any of the above institutions 
shall constitute a quorum for the transaction of business, but 
a less niinaber may adjourn from time to time. Said trustees 
shall be respectively apDointed by the g'overnor of the Terri- 
tory of New Mexico, within thirty days after he shall be no- 
tified by the secretary of the territory that the deeds for each 
of the above named institutions have been filed in his office; 
and it shall be the dutv of each of said boards of trustees to 
meet and org^anize by electing its officers at the county seat of 
the county wherein the said institutions are located, within 
thirty days after their appointment, which officers shall be 
elected in the same manner and possess the same qualifica- 
tions as the officers of the University of New Mexico now 
possess; and the secretary and treasured, respectively, of each 
of such institutions located as aforesaid, shall each give bond 
in the sum of ten thousand dollars ($10^000) to the Territory 
of New Mexico, with two or more sufficient sureties resident 
of this territor)^, or bv duly authorized surety company, con- 
ditioned for the faithful performance of their duties, and that 
they will faithfully account for and pay over to the person 
or persons entitled thereto, at the time and in the manner pro- 
vided by law, or pursuant to contract, all moneys which shall 
come into their hands as such officers, which bond shall be 
approved by the judge of the district court within whose 
district the said institution is located, and after approval shall 
be filed and recorded in the office of the territorial secre- 
tary. The governor of the territory shall be ex-officio a mem- 
ber of each of the boards of trustees, but shall not have the 
right to vote or be eligible to office. 

Sec. 7. The boards of trustees of each of said institutions 



OF THE TERRITORY OF NEW MEXICO. 95 

shall have power, and it shall be their duty, to pass and enforce 
by-laws, rules and regulations for the government of such in- 
stitutions, for the proper carrying out of their several objects, 
not in conflict with the laws of the Territory of New Mexico, 
or any act of Congress, and to provide all proper and neces- 
sary books, apparatus, instruments, medicines, clothing, food 
and supplies, and other materials or things necessary for the 
proper conduct of the several institutions hereinbefore named 
and the care, support, and protection of the inm'ates thereof 
when necessary; also to employ all teachers, physicians, war- 
dens or superintendents and employes, and to prescribe the 
duties and compensation of each, and they shall have full power 
to remove or discharge any officer or employe appointed or 
selected by them in any of such institutions when in their 
judgment the interest of such institution shall require. 

Sec. 8. The institute for the blind herein established and 
created is intended and meant for the proper instruction of 
the blind youth of the territory^ and all such persons resident 
in the territory between the ages of five and twenty-one years 
shall be entitled, upon application to the board of trustees, 
to free care and support and instruction at such institution; 
except in cases where such pupil or the parents or guardian 
thereof is possessed of property or means sufficient to enable 
him to pay the reasonable costs and charges incurred by his 
attendance at such institution, in which case he shall pay 
therefor. 

Sec. io. The reform school hereby created and established 
is intended and meant for the confinement, instruction and 
reformation of juvenile offenders against the laws of the Terri- 
tory of New Mexico, and any persons of idle, vicious or va- 
grant habits of both sexes in the Territory of New Mexico, 
under the age of eighteen years, who may be convicted of any 
offense less than a felony punishable by imprisonment in the 
penitentiarv for the term of life, and it shall be the duty of 
the court upon such conviction, when it is shown to the court 
that the person convicted is under the age of eighteen years, 
to order the sentence to be executed by confinement in such 



% COMPILATION OF THE SCHOXJL LAWS 

reform school instead of in the penitentiary, after such school 
shall be fully equipped and prepared to receive, confine and care 
for such offenders, which time shall be designated by proclama- 
tion of the governor of the Territory of New Mexico, and 
thirty days after such proclamation is issued and published 
it shall be the duty of all courts in the Territory of New Mex- 
ico to incarcerate offenders as aforesaid in the reform school 
instead of the penitentiary in passing sentence upon such 
offenders ; and upon complaint under oath being made to any 
judge of the district- court that anv person of either sex 
under the age of eighteen years is of idle, vicious and vagrant 
habits, it shall be the duty of such court to investigate and 
pass upon the complaint so made as in cases of misdemeanors 
during the terms of the district court as other criminal cases 
are tried before it, and all the laws and provisions in regard 
to such trials for misdemeanors are hereby made applicable 
to such complaints, and in case said court shall find the com- 
plaint to be sustained by the evidence it shall find the defendant 
£uilty and sentence him to such reform school for any period 
not exceeding one year ; such proceedings before said court to 
take effect at the same time after proclamation by the gov- 
ernor as hereinbefore provided for other sentences in the dis- 
trict court. 

Sec. II. All persons sentenced to such reform school shall 
be compelled to perform such useful labor and submit to such 
rules and regulations in and about the said school and grounds 
as the board of trustees may prescribe, and the superintend- 
ent or warden shall have the power, and it shall be his duty, 
to see that all rules and regulations of the said board are prop- 
erly enforced, and infringements thereof shall be properly 
punished. 

Sec. 12. Within sixty days after the passage of this act 
the governor shall appoint a committee for each of the insti- 
tutions above named, each of said committees to consist of 
, three competent and disinterested persons, not more than two 
of whom'; shall live in any county wherein any of the above 
institutions are located by this actj and it shall be the duty of 



OF THE TERRITORY OF NEW MEXICO. 97 

these commissioners to proceed to the localities named in this 
act for the establisljjjpent of the several institutions and their 
examination of the several sites which may be presented for 
the acceptance of the territory for the purposes named and 
cheir desig-nation, adoption and selection or rejection of such 
lands be final, and unless the title for the land so selected shall 
be conveyed in the manner hereinbefore provided within six 
months after the adoption of this act, then no portion of the 
moneys received from donations under the act of Congress or 
by this act shall be available for the purposes of the institution 
so failing. The commissioners hereby named shall make a 
report in writing of their doings, together with a description 
cf the land selected, to the governor of the territory, together 
with a statement of costs and expenses incurred by them in 
m^aking such selections for each institution separately, and 
in addition to their actual costs and disbursements each com- 
missioner shall be allowed the sum of six dollars per day for 
each day actuallv and necessarily occupied in carrying out the 
provisions of this section, not to exceed ten days for any insti- 
tution, which amount, including costs and disbursements, is 
hereby declared to be a necessary and proper charge against 
the funds provided herein for the creation and maintenance 
of each of said institutions, and shall be paid out of any such 
funds that may pome into the hands of the territorial treas- 
urer for that fund, upon a bill therefor sworn to by each of 
such commissioners and approved by the governor of the ter- 
ritory. 

Sec. 13. That the boards of trustees first appointed for 
the several institutions provided for in this act shall be em- 
powered to contract for the erection, and shall erect all build- 
ings necessarv for the maintenance of the above named insti- 
tutions, and shall be empowered to provide for the furnishing 
of the same and the improving of the »frounds thereof : Pro- 
vided., That the said boards of trustees in contracting for 
the erection or in erecting any of said buildings for the above 
named institutions, shall advertise for bids for the erection 
of the same, specifying in said advertisements the character 



98 COMPILATION OF THE SCHOOL LAWS 

of building to be erected in the place where the plans and speci- 
fications of said building-s may be found, and let all bids for 
the erection of said building's to the lowest and best bidder 
therefor : And provided further, That in furnishing said build- 
ings or improving the grounds thereof said boards shall call 
for bids and let the same to the lowest and best bidders there- 
for upon any items the cost of which is more than one hundred 
dollars. 

Sec. 14. This act shall be in force from and after its pass- 
age. 



CHAPTER VI. 



An Act entitled an act establishing an orphan chil- 
dren^'s home at belen^ new mexico, providijsfg appro- 
priation therefor, and for other purposes, ap- 
proved February 24, 1903. 



Section i. There is hereby established and located an 
Orphan Children's Home at Belen, Nvew Mexico, which shall 
be conducted under the management and control of a board of 
regents, to be composed of three persons, who shall be ap- 
pointed by the Governor for a term of two years each, and 
shall file their oaths of office before entering upon their duties 
as such regents, in the manner prescribed by law for the qualifi- 
cation of other territorial officers. 

Sec. 2. Until such time as the leg-islature may otherwise 
direct, any buildings which may hereafter be constructed at 
Belen for such Orphan Children's Home may be used as a 
public school building: Provided, That no appropriation for 
maintenance or current expense shall now or hereafter be 
made or in any way defrayed by the territory during the use 
of such building for public school purposes. 

Sec. 3. For the purpose of erecting a suitable building 
for the purposes mentioned in Section i of this act, there is 
hereby appropriated for the fifty-fifth fiscal year twenty-five 
one-hundredths (25-100) of one (i) mill, the proceeds of 



OF THE TERRITORY OF NEW MEXICO. 99 

which shall be used for permanent improvements under the 
direction and management of said board of regents, and 
the territorial auditor is hereby directed to make a levy in 
accordance herewith, and the funds derived from such a levy 
shall be payable in the manner now prescribed by law for the 
pa5rment of funds to other institutions. 

Sec. 4. This act shall be in full force and effect from and 
after its passage. 



CHAPTER VII. 



An Act to create roosevelt county. Approved February 
28, 1903. 



Sec. 3. The county commissioners appointed under this 
act are authorized and empowered to divide said county of 
Roosevelt intp precincts, and to appoint in each precinct and 
school district the officers provided by law, until after the first 
election. 

Sec. q. Roosevelt county shall be entitled to have and re- 
ceive all unpaid taxes for the year A. D. 1902, and prior 
thereto, which taxes have been levied or assessed upon or 
against property within the former limits of Chaves and 
Guadalupe counties and which by this act are set off from 
said counties of Chaves and Guadalupe and has become Roose- 
velt county; and the treasurer and collector of Roosevelt 
county shall collect and receipt for the same to the same extent 
as the respective treasurers and collectors of Chaves and Guad- 
alupe counties might have done had said property remained 
within the limits of the counties of Chaves and Guadalupe, 
and Roosevelt county shall be entitled to and shall receive 
from Chaves and Guadalupe counties, respectively, such pro- 
portion of the monevs received from licenses issued by said 
Chaves and Guadalupe counties in force in Roosevelt county 
during any part of the year A. D. 1903,. as such unexpired 
term of each such license shall bear to the whole term for 
which such license was issued; and all taxes collected from 
Roosevelt county and paid into the respective treasuries of 



100 COMPILATION OF THE SCHOOL LAWS 

Chaves and Guadalupe counties after January ist, 1903, shall 
be credited upon the proportion of the respective debts of 
Chaves and Guadalupe counties assumed and to be paid by 
Roosevelt county. All school funds in the respective treasur- 
ies of Chaves and Guadalupe counties on April ist, 1903, due 
to the school districts of Roosevelt county, whether appor- 
tioned or unapportioned, shall be on said date or immediately 
thereafter paid over by such treasurers to Roosevelt county. 



CHAPTER VIII. 



An Act to create quay county_, Approved February 28, 
1903. 



Sec. 3. The county commissioners appointed under this 
act are authorized and empowered to divide said County of 
Quay into precincts and to appoint in each precinct and school 
district the officers provided by law until after the first elec- 
tion. 

Sec. 13. Until the appointment and qualification of the 
county and precinct officers of Quay county the county and 
precinct officers of the counties of Guadalupe and Union shall 
continue to exercise authority as before this act, and shall have 
jurisdiction as heretofore. 



CHAPTER IX. 



An Act in relation to mayors of cities and to other 
officers. Approved February 28, 1903. 



Sec. 2. The mayors, clerks and treasurers of cities, the 
alderman of the council of cities, and the memebrs of the 
boards of education of cities, now in office, shall remain in 
office until their successors are elected and qualified at the 
annual election to be held on the first Tuesday in April, 1904, 
and there shall be no election held for the election of any of 
the above named officers in any city in the Territory of New 
Mexico on the first Tuesday of April, 1903. 



■■©P THE TERRITORY OF NEW M^EX'ICO. 101 

Sec. 3. (As amended by Chapter 93, Laws 1903.) The 
qualified electors of cities shaH on the first Tuesday of April, 
1904, elect one mayor, one clerk, and one treasurer, for the 
term of two years, and two aldermen o fthe city council from 
«ach ward, one of wliom in each ward shall be dected for the 
term of two years, and the other for the term of four years, 
and shall elect two members of the board of education from 
teach ward, one of whom in each ward shall be elected for the 
term of two years and the other for four years. And on the 
first Tuesday of April, 1906, and each two years thereafter, 
the qualified voters of cities shall elect one alderman and one 
member of the board of education from each ward, who shall 
liold their offices for the period of four years. The provisions 
of this act shall apply to all cities in the territory, whether 
incorporated under general or special laws. 



CHAPTER XXIIL 



An Act providing for the writing and publishing of 
THE history of NEW MEXICO, Approved March 10, 1903. 



Whereas, it is desirable and essential that the history of the 
Territor)^ of New Mexico should be preserved in a substantial 
and beneficial form for the benefit of the present and future 
g-enerations of the people of the territory, and that the youth 
of the country should be instructed in reference thereto : Now, 
therefor. 
Be it enacted by the Legislative Assembly of the Territory of 

Nezv Mexico: 

Section i. That J. Franco Chaves, of Valencia county, be> 
and he hereby is, desig-nated and selected to write and prepare 
for publication an accurate and correct history of this territory, 
and to prepare and condense therefrom a text book of such 
history, to be hereafter passed upon and accepted and adopted 
as such text book, for use in the common schools of this ter- 
ritory. 



102 COMPILATION OF THE SCHOOL LAWS 



Sec. 4. That such text book of the history of New Mexico, 
so condensed as above provided, for use in the common schools, 
shall not be considered adopted by the territory until after the 
same shall have been submitted to and approved by the board 
of education of this territory, which board shall be authorized 
to enter into a contract with the lowest bidder for the printing- 
and binding thereof, to be supplied by the publisher to the 
educational authorities of the territory fromi time to time, in 
such quantities as the necessities of the common schools may 
demand; and such board of education shall have authority 
to and shall fix the price per volume at which the same shall 
be supplied to said common schools, including a reasonable 
royalty upon each volume thereof, in addition to the cost of 
publication and binding thereof, which royalty shall be paid 
to the said^ T- Franco Chaves, or his heirs, or in accordance 
with his order. 



CHAPTER XXVII. 



An Act to create the county of sandoval^ Approved 
March 10, 1903. 



Sec. 10. The precincts and school districts now existing- 
in the territory included in the counties of Sandoval and Ber- 
nalillo respectively, shall remain the same as now constituted 
until changed as provided by law, and the respective district 
and precinct officers shall continue in office until their success- 
ors are elected and qualified under the g-eneral laws of the ter- 
ritory. 

CHAPTER XXVIII. 
An Act authorizing the compilation, printing and dis- 
tribution OF the school laws^ Approved March 10, 
1903. 

Section i. That the superintendent of public instruction 
shall cause to have compiled, and biennially shall cause to have 
printed two thousand copies in English and two thousand in 
Spanish, in pamphlet form, of all existing school laws of the 



OF THE TERRITORY OF NEW MEXICO. 103 

Territory of New Mexico, and such school laws as may be 
enacted by the Thirty-fifth Legislative Assembly, and after 
each future Legislative Assembly, if any laws shall have been 
enacted pertaining to schools, he shall in the first issue of said 
pamphlets thereafter include any school laws that may have 
been enacted by any such future Legislative Assembly. In 
the meaning of this act such pamphlets shall embrace all such 
school laws in one copy. The first issue of pamphlets shall 
be compiled and printed, ready for distribution before the first 
day of July of the year 1903. 

Sec. 2. The compilation and printing of the pamphlets 
herein referred to shall be paid for from any funds in the 
hands of the territorial treasurer arising from the rental or 
leasing of the common school lands, and for this purpose the 
territorial auditor is hereby directed and required to draw 
an order on the territorial treasurer in favor of the superin- 
tendent of public instruction for a sum not exceeding twelve 
hundred and fifty dollars ($125000). 

Provided, That the printing and binding authorized by this 
act shall be let to the lowest responsible bidder. 

Sec. 3. It shall be the duty of the superintendent of public 
instruction of the territory, before the first day of August 
of each year, to forward a sufficient number of such pamphlets 
of compiled school laws to the superintendent of schools of 
the several counties of the Territory of New Mexico. It shall 
be the duty of the county superintendent to place a copy of 
said pamphlets in the hands of the chairman of the directors 
of public schools in each and every district of said county. 

CHAPTER LXXXI. 



An Act to prevent the cutting of timber from school 
SECTIONS, Approved March 17, 1903. 



Section i. Hereafter it shall be unlawful for any person, 
persons, company or corporation to cut, take or destroy any 
timber from or on any school section numbered sixteen and 



104 CDMPILATTOKr OT" TBTE SGITOOL LAWF 

thirty-Six, or other territorial lands within the Territory of 
New Mexico. Any person or persons violating- the provisions 
of this act shall' be deemed g-tiilty of a misdemeanor, and upom 
eonviction thereof in a court of competent jurisdiction in the 
territory shall be punished by a fine in the sum of not less; 
than fifty dollars ($50.00) nor more than one hundred dollars 
f$ 100.00), or by imprisonment irr the county fail for not less 
than thirty days nor more than ninety days, or by both such 
fine and imprisonment, in the discretion of the court trying the 
case. The violations of the provisions of this act upon each 
day shall constitute a separate and distinct offense. 



CHAPTER XXXVIL 



An Act to fkovide for public school houses fkom the 
SURPLUS IN GENERAL SCHOOL FUNDS, Approved March 

12, 1903. 



Section i. That whenever there shall be a surplus in the 
sreneral school fund in the county treasury to the credit of 
any school district in the territory, outside of incorporated 
towns and cities, to the amount of not less than two hundred 
dollars ($200.00) after all the expenses of maintaining the 
schools in said district for teachers' salary, rent and other 
expenses connected therewith, the said surplus or any part 
thereof may be withdrawn by the directors of s^id school dis- 
trict and applied by them to the procuring of a suitable site 
and the erection thereon of proper school buildings or for the 
repairing; of any school building or buildings for the use 
of such school district, in the manner following: 

Sec. 2. That whenever a petition signed by one-half of 
the legal voters of such school district described in Section i 
of this act, as shown by the number of votes cast in said dis- 
trict or precinct at the last general election, shall be presented 
to the county school superintendent, praying that such sur- 
plus money described in Section i of this act may be turned 



OF THE TERRITORY OF NEW MEXICO. 105 

over to the school directors of such school districts for the 
IDurpose of procuring a site and erecting school building or 
buildings thereon, then it shall be the duty of said county 
school superintendent within ten days after the receipt of 
the said petition, to forward the same to the county treasurer, 
who shall file the said petition and safely keep the same among 
the records and archives of his office, and it shall be the duty 
of said county treasurer to at once notify the school directors 
of such school district of the amount of money then on hand, 
subject to be withdrawn for the purposes named; and there- 
after the said treasurer shall honor arid pay all warrants drawn 
by such school directors against such surplus fund for the pur- 
chase of site and erection of school houses thereon, when the 
same are accompanied by itemized and verified accounts and 
vouchers until the said surplus is exhaustedj and it shall be the 
duty of the school directors to open proper books of account with 
the said fund, and enter therein all receipts and disbursements 
on account of such fund; and it shall be their further duty 
to take from persons to whom money may be due on this 
account, itemized and verified bills in duplicate, one of which 
shall be retained by said board of directors, and the other shall 
be transmitted with the warrant drawn in payment thereof to 
the county treasurer of the county in which said district is 
located. And the said school directors shall in no event and 
under no pretext contract for or incur obligations on such 
account beyond the amount of money available in the county 
treasury for such purposes, nor, shall they under any circum- 
stances incur any dobt in the erection of such school house, 
or houses, or improvement or repair thereof except as provided 
in Sections 1542 and 1543 of the Compiled laws of 1897. 

Sec. 3. In case there shall not be sufficient surplus moneys 
on hand to purchase a site and complete the building or build- 
insrs contemplated by the school directors under this act they 
are herebv authorized to procure the site for school purposes 
and to commence the erection of such building or buildings as 
thev mav deem necessary and proper for the purposes herein 
named, and shall carry on the construction thereof, so far as 



106 COMPILATION OF THE SCHOOL LAWS 

the moneys on hand for that purpose will permit, as hereinbe- 
fore provided, and in case the term of office of any such school 
directors or any member thereof shall expire, before the said 
buildings are completed, it shall be the duty of' their successor 
or successors to proceed with the work in the manner herein 
provided until such work is completed. 

Sec. 4. The board of directors of any school district is 
empowered to expend, from the funds in the treasur}^ of said 
school district, any moneys necessary to properly insure any 
school building or buildingfs in such school district. 

Sec. 5. Any failure of any of the officers mentioned in this 
act to carr^ out its provisions in the letter and the spirit of this 
act, shall subject such officers to removal and to a forfeiture of 
their official bond for the benefitof such school district so injured 
thereby, and any school director so offending' shall be disauali- 
fied to become his own successor in office either by election or 
by appointment for a period of one year from date of such re- 
moval. 



CHAPTER XCVIL. 



An Act authorizing and empowering the board of edu- 
cation OF the city of SANTA FE AND TERRITORY OF 
New MEXltO TO PROVIDE FOR THE ERECTION OF A PUBLIC 
SCHOOL BUILDING, AND MAKING PROVISIONS FOR MEANS 

TO ERECT THE SAME, Approved March 18, 1903. 



Section i. For the purpose of erecting" a suitable and com- 
modious public school building in the city of Santa Fe, in this 
territory, the board of education of the city of Santa Fe, 
of the Territory of New Mexico, is hereby authorized and 
empowered on or after the first day of June, A. D. 1903, and 
prior to the fist day of November, A. D. 1903, to issue the 
bonds of said board of education of the city of Santa Fe, in 
the Territory of New Mexico, as a body corporate, to the 
amount of twenty-eight thousand dollars ($28,000.00), or 
so much thereof as rnay be required, said bonds to be of the 



OF THE TERRITORY OF NEW MEXICO. 107 

denomination of one hundred dollars ($100.00) or any mul- 
tiple thereof, not exceeding one thousand dollars ($1,000.00), 
to be made payable to bearer and redeemable at any time after 
twenty years after the date thereof and to become absolutely 
due and payable thirty years after the date thereof^ to bear 
interest from the date thereof at the rate of five per centum 
per annum, payable semj-annually at some national bank or 
trust company in the City of New York, State of New York, 
such interest to be evidenced by coupons representing each 
six months period of interest, attached to said bond ; said bonds 
shall be signed by the board o feducation of the city of Santa 
Fe, of the Territory of New Mexico, by its president and sealed 
with the seal of said board and attested by the secretary of 
said board, and the coupons thereof shall bear a fac-simile of 
the signature of the secretary of said board, which shall be 
engraved thereon; said bonds shall be numbered commencing 
with one and running upwards, the coupons of each bond shall 
bear the number of the bond and its relative number to other 
coupons on the same bond, and shall show the date thereof, 
when due and payable, and that it is for interest on the par- 
ticular bond to which it is attached for the six months term- 
inating on the date when it becomes due and payable. Should 
seventy-five of the legal voters of the City of Santa Fe, who 
are the owners of taxable property not exempt from taxation 
for school purposes in the said Citv^ of Santa Fe on which 
each of them has paid taxes for the year 1902, within thirty 
davs after the passage of this act, petition the said board of 
education of the said City" of Santa Fe to cause to be sub- 
mitted to a vote of the legal voters in the said City of Santa 
Fe the question whether or not said bonds hereinbefore pro- 
vided for shall be issued, it shall be the duty, of said board of 
education to request the mayor and the city council of the 
said City of Santa Fe to order an election to be held within 
forty days thereafter to vote upon the question as to whether 
said bonds shall be issued or not, and thereupon the said 
mayor and city council shall order an election to be held 
in the various wards of said city, at which all persons who 



108 COMPILATION OF THE SCHOOL LAWS 

may be qualified voters in said city under the laws of the 
Territory of New ,Mexico and who were registered as such 
at the last city election of the City of Santa Fe, shall be enti- 
tled to vote. The ticket which they shall vote shall be in either 
of the following forms : 

"For public school house bonds of the City of Santa Fe — 
Yes." or : 

"For public school house bonds of the City of Santa Fe — 
No." 

And if a majority of those voting shall vote "yes," such 
vote shall be considered as consenting to the issue of said 
bonds, and the said board shall be authorized to issue the 
same; but if a majority of those voting shall vote "no," such 
vote shall be considered as being opposed to the issue of said 
bonds, and the said board of education shall not have the 
rig'ht to issue the same. 

Should no petition be made, as herein provided, by seventy- 
five owners of taxable property as before mentioned within 
thirty days from the date of this act, then the said board of 
education shall be authorized and empowered to issue said 
bonds without further delay or any further authorization. 

Sec. 2. To secure the payment of interest on each of the 
bonds which may be issued, according to the provisions of 
the last preceding section, as it falls due and also the principal 
of said bonds, the said board of education of the City of 
Santa Fe is hereby authorized and required, after it shall have 
determined to issue said bonds, to fix a rate of tax levy, to 
be levied on all of the property^ subject to taxation in the said 
City of Santa Fe, and not exempt by law from taxation for 
school purposes, at its meeting to be held on the first Monday 
in June in each year, or as soon thereafter as possible, making 
due allowance therein for taxes which may not be collected, 
which rate of taxation when so fixed shall be certified by the 
president and secretary of said board of education under the 
name of said board and the seal thereof, to the board of county 
commissioners of the county of Santa Fe, which said board 
of county commissioners shall include the amount of such rate 



DF THE TERRITO'RY OF NEW ^MEXICO. 109 



cf taxatirn so fixed in the order makino: levies for taxation for 
the various purposes, required to be made by them for the 
•county, and the same shall be and become a sjiecial levy on 
all the property subject to taxation in th-fe City of Santa Fe 
and n:,t exem^^t therefrom for school purposes, and the amount 
thereof when collected shaM be kept in a separate fund to pay 
tsaid interest. 

Ten years after the date of said bonds and each year there- 
after a sufficient tax shall in like manner be levied and col- 
lected to pay each year one-twentieth part of the principal of 
said bonds, and the moneys so collected to pay such interest 
and principal shall be used for no other purpose. 

Sec. 3. The said bonds, authorized by this, act to be issued, 
shall be disposed of at not less than par, out of which shall be 
paid the costs of issuing-, printing; and disposing- of the same, 
and all the rest or remainder of the proceeds thereof shall 
be used solely and only for the purpose of Preparing the plans 
and specifications of such building and in aiding and assisting 
in the construction of the same, as a suitable and commodious 
building for the public schools of the City of Santa Fe, of the 
Territory of New Mexico, and in paying ail the necessary ex- 
penses thereof and furnishing- the same with suitable, modern 
furniture. 

Sec. 4. To aid and facilitate the construction of said build- 
ing_. the board of penitentiary commissioners and the super- 
intendent of the penitentiary are hereby directed and required 
to furnish, free of charge, convict labor for the excavation 
for the foundation of said building, with the aid of skilled 
superintendents, should such be necessary; said penitentiary 
authorities shall also furnish all the brick and lime which may 
be necessary for the construction and completion of said build- 
ing;, and also all other materials which can be furnished 
through the convict labor, machinery and appliances of • said 
penitentiary, and which may be necessary for the completioil 
of said building : Provided, That the penitentiary shall be paid 
and advanced the funds necessary to defray expenses of guards 
and actual cost of materials furnished. 



IW GOMPILATION OF THE SCHOOL LAWS 

Sec. 5. The board of education of the City of Santa Fe^ 
of the Territory of New Mexico, shall provide suitable 
g;rounds on which to construct the building provided for by 
this act, and shall also prepare, or cause to be prepared, all the 
plans and specifications for said building, and hire and pay all 
architects, necessary superintendents, foremen and skilled labor 
which can not be supplied from the penitentiary convicts, and 
all other labor which may not be supplied by the penitentiary 
convicts. 

Sec. 6. There is hereby donated and granted in fee simple 
to the board of education of the City bi Santa Fe and Terri- 
tory of New Mexico, in order that it may be used as a school 
house site, for the building in this, act provided to be erected,, 
if it should be suitable therefor, all that certain lot, piece and 
parcel of land situate within the City of Santa Fe, County of 
Santa Fe, and Territory of New Mexico, described as follows : 
■'Beginning at a point on Washington Avenue where the 
scuthern line of the abandoned Fort Marcy military reserva- 
tion terminates, being the southeast corner of the premises 
now occupied by Governor Otero, and running thence south- 
tvly more or less along Washington Avenue 158 feet 9 inches 
to the corner of a brick wall enclosing a corral on the north 
side of the Old Palace building; thence running westerly n;ore 
or less along the north side of the adobe wall of the corral of 
the Old Palace building and along the wall enclosing tiie cor- 
ral or yard to the north of the building occupied by die post- 
ofiice at Santa Fe, 261 feet and 6 inches to the northwest 
corner of the corral or yard on the north side of said building 
occupied for the postoffice; thence running northerly more or 
less along Lincoln Avenue 165 feet 4 inches to the southern 
line of the abandoned Fort Marcy military reservation and 
the property thereof now occupied by Governor Otero as bis 
residence ; thence easterly more or less along the southern line 
of the said abandoned Fort Marcy military reservation and 
part thereof now occupied by Governor Otero 267 feet to the 
nlnce of beginnino-, being all of that portion of land lying 
between Washington and Lincoln avenues and between the 



DF THE TERRITORY OF NEW MEXICO. Ill 

Southern boundary of the abandoned Fort MarCy miHtary 
reservation, where it is occupied by Governor Otero as his 
residence, and a north Hne described by a Hne extended from 
tthe north end or corner of the brick wail aforesaid along the 
wall extending- therefrom in an east and west direction, and 
also extending- straight along- the projection of said wall, to 
the next wall in line therewith lying- to the north of the yard 
or corral occupied by the postoffice at Santa Fe, to the north- 
west corner of the wall formmg said corral or yard on Lincoln 
Avenue, except that there is not included in this grant the 
■portion of said lot and tract of land which has heretofore been 
granted to the Woman's Board of Trade and Free Library 
Association of the City of Santa Fe. 



CHAPTER C. 



An Act to require county school superintendents to 

FURNISH their OFFICIAL BONDS AND QUALIFY WITHIN 

certain time AND FOR OTHER PURPOSES, Approved 
Ma/rch 19, 1903. 



Section i. That the county school superintendents be and they 
are hereby required to furnish their respective official bonds 
within thirty days after having- received their certificate of 
election or appointment. 

Sec. 2. All present county school superintendents shall 
within thirty days after the passage of this act furnish their 
respective official bonds and fully qualify as now required by 
law. 

Sec. 3. Any such county school superintendent failing to 
comply with the provisions of the foregoing sections shall be 
summarily removed by the governor, who shall fill such va- 
cancy as now provided by law. 

Sec. 4. All county school superintendents who shall here- 
after fail in making the apportionment of school funds in 
their respective counties and to file their reports relative thereto 
as now provided by law, shall be dealt with as provided in Sec- 
tion 3 of this act. 



112 COMPILATION OF Tin: SCHOOL LAWS- 



CHAPTER CHI. 



An Act to preserve the public health. 



Sec. 29. It shall be the duty of the school sirperintendent 
of each cotrnty to see that all children in his county, of school 
age, are vaccinated against smallpox, and to that end each 
teacher of a public school shall see that the children in his 
district are successfully vaccinated or have been vaccinated 
within one year previous, and it shall be unlawful for any 
child to attend school,, or for any teacher to allow such child 
within any school house unless so vaccinated, or showings 
proper certificate that it has been vaccinated; such teacher 
shall make report of the number of children whom they have 
caused to be vaccinated and those who have presented certifi- 
cates that tfiey have been vaccinated, to the county school 
superintendent at the beginning of the school year and as 
often thereafter as they may deem necessary, together with the 
report of the names of any parents who refuse to allow their 
children to be vaccinated, and any person who shall so refuse 
or nep-lect to have his or her children vaccinated in accordance 
with the law shall be deemed guilty of a misdemeanor, and 
upon a report to that effect by the county superintendent, it 
shall be the duty of the sheriff or any constable whom he may 
designate, to arrest such person, and upon being convicted, he 
shall be fined not less than ten dollars ($10.00) nor more than 
one hundred dollars ($100.00)^ or imprisoned in the county 
jail, not exceeding one hundred days, and the fine so imposed 
shall go to and be a Dart of the school fund of the. district in 
which such offender lives. These provisions shall apply to chil- 
dren and parents in incorporated cities and towns, and the 
duties heretofore imposed upon county school superintendents 
are hereby made applicable to boards of education therein. 

Sec. ^o. The vaccination provided for in the previous 
section shall be done by the county health officer provided for 
by Section 22 of this act, or by his assistants and under his 
direction, and shall be paid for by the parents of such children, 



OF THE TERRITORY OF NEW MEXICO. 113 



when they are able to do so, but in case of their inability to 
Day for the same by reason of T?overty. the same shall be paid 
for by the board of education, or school directors of the sev- 
eral districts out of the school fund. 

Sec. 31. It shall be the duty of the board of health to 
make and enforce all necessary rules and regulations for the 
vaccination agfainst smallpox of the adult population' as well 
as of the children within school a^e, and enforce the same by 
proper orders, and if any adult person shall refuse or neglect 
tc carry out any of the orders of the said board in that behalf, 
he shall be guilty of a misdem;eanor, and after conviction shall 
be punished as hereinbefore provided in Section 24 of this act. 
Vaccine matter shall be provided at the cost of the county, 
municipal corporation, board of education, or school trustees, 
as hereinbefore provided for other expenses. 

CHAPTER CXIX. 



An Act to harmonize and strengthen the existing 
SCHOOL LAWS, AND FOR OTHER PURPOSES, Approved 
March 19, 1903. 



Section i. Hereafter the school year governing all public 
schools in any district, independent district, incorporated town 
or city in this territory, shall commence on the first day of 
September and end on the last day of August of each year. 

Sec. 2. Section 1532, jCompiled Laws of 1897, as amended 
by Section 11, of Chapter 80, Session Acts of 1899, is hereby 
amended b y inse rting after the words "malfeasance in office" 
the following : "And shall be disqualified from again holding 
said office by appointment or otherwise for a period of one 
year thereafter." • 

Sec. 3. Third-class certificates, entitling the recipient to 
teach for one year in the county in which granted, may be 
granted by the county examining boards^ and it is hereby 
made the duty of the members of such boards to prepare the 
list of questions to be submitted to those applying for third- 



114 COMPILATION OF THE SCHOOL, LAWS 

class certificates, and the examination of applicants for said 
third g;rade certificates shall occur at the same time and place 
as examinations are held for the examination of applicants for 
certificates of the first and second grades : Provided, That 
those seeking: third ^rade certificates may also be examined by 
said board on the last Saturday in September and October, 
at the discretion of the county superintendent, and at no other 
time. 

Sec. 4. Authority is hereby conferred upon the territorial 
board of education to authorize any two counties, wherein 
the conditions are such as to make it expedient to do so, to 
unite in holdino- a district county institute at such place as 
may be mutually a^eed upon, but not more than two counties 
shall participate therein, and when such power is delegated 
to the county superintendents thereof, the expense of such 
institute shall be equally divided between two counties partici- 
pating- therein. 

Sec. 5. Amends Section 161 3, Compiled Laws of 1897. 

Sec. 6. Amends Section 5 of Chapter 3, Session Laws of 
1901. 

Sec. 7. Boards of school directors when letting a contract 
of public school buildings shall require of' the contractor a good 
and sufllicient bond for the faithful execution of said contract. 
And the clerks of said boards, outside of incorporated cities or 
towns, are required to make to the county superintendent from 
time to tlme^ as the superintendent may require, an itemized 
statement, under oath, of the cost of labor and material used 
and work done, where practicable, and apparatus required and 
used for conducting and furnishing said building; and school 
directors of the latter class are further required to consult with 
and solicit the co-operation of county superintendents when- 
ever it becomes necessary to purchase furniture, fixtures, etc., 
for the district schools and the directors and clerks of all 
school boards are hereby prohibited from acting as the agent 
for any person or firm engaged in the selling of school furni- 
ture, apparatus, etc., or to receive any commission attending 
the purchase of such furniture, apparatus, etc., for the use m 



OF THE TERRITORY OF NEW MEXICO. Il5 



their respective districts ; and all persons identified in an official 
capacity with the public schools or with the higher educational 
institutions supported in whole or ii^i part by the public funds 
of this territory are hereby prohibited from bein^o^ a party di- 
rectly or indirectly to any contract for which public money is 
to be used in connection with the operation or maintenance 
of such public schools or higher educational institutions. 

Sec. 8. The clerks of the several rural districts, principals 
or superintendents of town or city schools, shall, between the 
first day of June and the first day. of July of each year, make a 
report to the ccunty superintendent in writing, showing in 
detail the financial condition of the district, the amount of 
money received, ancl from what source, includiiio- receipts from 
n( ]] taxes, etc., district bonds or s^_'iecial levies, and the manner 
in which the same has been disbursed during the previous year, 
amount expended for repairs or improvements of school houses 
and .^-rounds, whether rented or owned by the district, the 
value of all school property, amount of bonded indebtedness 
of district, status of interest fund, amounts paid for rent, fuel, 
etc.. salaries paid teachers for the preceding year, the number 
and sex of the school population, and amount expended for 
books for indigent children under Section IJ555, Compiled 
Laws of 1897, as amended, and failure to properly prepare 
and forward said reports shall subject such clerk, principal or 
town or city superintendents to prosecution as provided in Sec- 
tion I.S.IS, Compiled Laws of 1897, and it is hereby made the 
duty of county superintendents to file information against such 
derelicts. 

Sec. 9. Superintendents serving In districts outside of in- 
corporated towns or cities are hereby required to accompany 
all vouchers or warrants presented for the signature of the 
county superintendent with itemized statements of account, 
and the county superintendent shall withhold his approval of 
all bills until such statements are provided. 

Sec. 10. Section 1.S3.S, Compiled Laws of 1897, referring, 
to duties of school directors, is hereby amended by striking out 
the word "for" as used in the top line on page 427 of said Com- 



116 OF THE TERRITORY OF NEW MEXICO. 



piled Laws; and Section 2, Chapter, 27, second line from bot- 
tom of pa^e s6, Session Acts of 190 1, referring: to teachers' 
certificates, is hereby amended by striking out the words "and 
Icwer than go per cent." 

Sec. II. The county superintendent is hereby required to 
be in attendance at the county seat on the first Saturday in 
the months of August, September and October and November 
for the transaction of official business. He is hereby empow- 
ered to examine from time to time the records and account 
books of district directors outside of incorporated cities and 
towns, and see to it that the same are properly kept, and it is 
hereby made oblig-atojy upon all such directors to meet at their 
accustomed place within the district at least once every thirty 
days durinsc the school term for the transaction of public busi- 
ness. 

Sec. 12. The county superintendent shall investigate the 
legality of all accounts as to whether the same have been legally 
incurred and allowed before the fixing of his signature thereto, 
and he may reject any warrant issued by district school direct- 
ors whenever he may deem such warrant to have been ille- 
gally issued. 

Sec 13. County superintendents are hereby empowered to 
remove from office any school director, in districts outside of 
incorporated towns and cities, who shall fail or refuse to make 
and return a complete census of the school po,pulation within 
his district as reouired bv law, .and such person so removed 
shall not be eligible to hold said office for a period of two years 
thereafter. 

Sec. 14. On or before the fifteenth day of August each 
year the county superintendent shall make out and transmit 
to the territorial superintendent, on blanks, the form and 
character of which shall be specified by the territorial super- 
intendent, his annual report, bearing date of August ist, con- 
taining such vital statistics and general information concern- 
ins' the loublic schools as the territorial superintendent may 
call for, including total amounts received by the several dis- 
tricts and counties on account of the poll tax and fines, and 



OF THE TERRITORY OF NEW MEXICO. 117 

county school superintendents who fail or refuse to grop^rly 
prepare and file such annual report, within the time specified 
by law, which report shall be properly footed, complete and 
consistent in its footing^s, as required by the superintendent 
of public instruction, shall be chargeable with gross neglect 
of official duty, and may be suspended from office by the super- 
intendent of public instruction, and, should the circumstances 
demand, upon presentation of the facts to the governor, he 
may be removed from office and his place filled by appointment 
until the next general election, and any principal or teacher m 
charge failing to make reports required of them may upon the 
written complaint of the county superintendent or superin- 
tendent of public instruction, filed with the directors of any 
public school, have his salary withheld until he has made such 
report so required; and, in case the circumstances justify, he 
shall be removed as teacher by such directors and be disqualified 
to teach in New Mexico for at least one year thereafter. 

Sec. 15. County superintendents shall quarterly, and within 
ten days after receiving notice that any school funds are at 
their demand, for apportionment to the several districts, prop- 
erly make said apportionment and specifying the number of the 
district, the number of children of school a^e in each district 
and the amount of money apportioned thereto, and a copy of 
this apportionment report shall be filed within ten days there- 
after in the office of the probate clerk of the county, and he 
shall also supply, a duplicate copy thereof to any newspaper 
printed within the county which will give publicity to the 
same free of charge as a matter of general information. 

Sec. 16. District superintendents in districts consisting of 
incorporated cities or towns shall be employed for a term" of 
rjot to exceed two years, and their duties other than noAv speci- 
fied by law may be defined by the board of directors of such 
incorporated city or town. 

Sec. 17. Amends Section 1548, Compiled Laws of 1897. 

Sec. 18. In addition to the duties now required by law of the 
governing authorities of the higher educational institutions, they 
are hereby required to make duplicate copies of reports, under 



118' ^ "' COMPILATION OF THE SCHOOL LAWS 

date'bf Jiihe 3^oth of each year, furnished by them to the terri- 
torial executive for use in his annual .report to the secretary 
of the interior, and a copy of said report shall be filed in the 
office of the superintendent of public instruction; such report " 
shall show the date of establishment, general status and prog- 
ress of such institution during the year; its physical equipment, 
course of study, number of pupils enrolled and the number en-, 
rolled who are not actual tona fide residents of the territory, the 
nuniber of graduates for the preceding year and the total num- 
ber of graduates to date, the financial condition, character and 
value of improvements during the year, value of all property, 
receipts from all sources, disbursements, and such other infor- 
mation as "the su;^erintendent of public instruction may re- 
quire for incorporation in his annual report to the governor 
of the territory. 

Sec. 19. Amends Section 1548, Compiled Laws of 1897. 

Sec. • 20. In addition to the legal holidays designated by 
law, viz :" July fourth, December twenty-fifth, and January 
first* and all days designated by proclamation of the p-overnor 
as fast days or thanksgiving days/' February twelfth (Lincoln's 
birthday) and February twentv-second (Washington's birth- 
day) liiay hereafter be observed by the public schools as legal 
holidays; and, provided, any teacher or teachers in the rural 
districts and village schools shall have arranged beforehand 
a program of exercises by the pupils appropriate for the occa- 
sion for the preceding day, the directors of such district shall 
not deduct any moneys from teachers' salary because of their 
absence from active, school duty on such holidays. 



CHAPTER CXX. 



An Act to regulate county iNSTiTiTrES. 



Section i. For the purpose of meeting the expenses of 
county institutes, county treasurers in counties of the first class 
shall set apart annually from the general school fund of their 
respective counties $100, and in counties of the second class 



OF THE TERRITORY OF NEW MEXICO. 119 

$.7.1 for such purpose, and in counties of the third class $50 for 
such purpose. The money thus set apart and that collected 
by county superintendents as now provided by law shall be 
known as the "county institute fund," and the county treas- 
urer shall be its custc^ian, but he shall not receive any of it 
for his services as such custodian. This money shall be dis- 
bursed in accordance with the provisions of Section 1615 and 
t6i6 of the Compiled Laws of 1897, except that all orders 
on this fund issued by county superintendents shall be counter- 
sig^ned by the conductor of such county institutes. 

Sec. 2. The territorial board of education is hereby em- 
powered to issue a course of study for county institutes and to 
revoke certificates for incompetency or immoralitj- of the 
holder, or for any cause that should have withheld the issue 
of such certificates. 

Sec. 3. The members of the territorial board of educa- 
tion shall receive 10 cents per mile for attending each meeting 
of said board, counting one way from their place of residence 
to its place of meeting, and $2 for each and every day said 
board is in session. This mileage and per diem shall be paid 
to the members of said board of education by the territorial 
treasurer upon the order of the territorial auditor out of the 
funds arising from the rental of the common school lands of 
the territory. 



AUTHORIZED SCHOOL BOOKS. 



The Territorial Board of Education at a meeting: held in Santa 

Fe on the 8th day of June, A. D. 1903, adopted 

the following books for use in the 

Territory for the ensuing 

four years. 



FROM THE AMERICAN BOOK COMPANY, OF CHICAGO. 



McGuflfey's Revised First Reader 

" " Second Reader 

" " Third Reader 

" " Fourth Reader 

" " Fifth Reader 

" " First (Spanish and English) 

Baldwin's Readers by Grades, First 

" " " " ISecond 

" •' '• " Third, Fourth and Ti'ifth 

" •' " " Sixth seventh and Eighth 

Crosby's Little Book for Little Polks 

Mantilla's Libro de Lectura (Spanish Reader No, 1) 

' (Spanish Reader No. 2) 

McGuffeys Revised Spellpr 

American Word Book Speller 

White's New First Book Arirhmetic 

White's New Complete Arithmetic 

Hall's- Werner's Arithmetic Book No. 1 

" 2 

" 3 

" " Two Book Ed. Elementary 

" " Two Book Ed. Complete 

Maxwell's First Book in Engrlish 

" Introductory Lessons 

" Advanced Le=!Sons in English Grammar 

Barnes' New Elementary Geography 

Barnes' Complete Geography •' 

Natui-al Elementary Geography 

Natural Adva,nced Geography 

Peterman's Civil Government 

Bggleston's First Book in Amierican History 

Barnes' United States History . 

McM^ster's History of the United States 

De Thoma's Historia de Nueva Mexico 

Child's Health Primer Physiology 

Hygienic Phys ology 

Steele's Hygienic Physiology 

Tracy's Outlines of Physiology 

Barnes' National Vertical Penmanship, 1 to 6. . 

Barnes' Nattiral Slant Spencerian Common School Copy Books. 

Webster's New Primary Dictionary 

Webster's Common School Dictionary 

High School Dictionary " 

" Academic Dictionary 

" International Index Dictionary 



FROM SILVER, BURDETT & COMPANY, OF CHICAGO. 



Stepping Stones to Literature, First Reader 

" '• " " Second Reader 

" " " " Third Reader 

" " " Fourth Reader 

" " " " Fifth Reader 

" " " " Sixth Reader 

" " " " Seventh Reader 

" " " " Reader for Higher Grades . 

" " " " Special Fifth Reader 

" " " " First Reader (Spanish). .. 

" " " " Second Reader ( Spanish) . . 

" " '• " Third Reader (Spanish)... 

" " " " Fourth Reader ( Spanish) . . 

" " " " Arnold Primer (Spanish) . . 



L'st 
Price 
$ .17 
.30 
.42 
.50 
.72 
.32 
2.5 
.35 
.40 
.45 
.30 
.f5 
.54 
.17 
.25 
.30 
.65 
40 
.40 
.50 
.35 
.60 
.40 
.40 

.eo 

.55 

1.25 

.60 

1.25 

.60 

.60 

100 

1.00 

.75 

.30 

50 

1.00 

'100 

.75 

.75 



.98 

150 

11.00 



Ex- 
change 
price 
$ .18 
.24 
.30 
.36 
.36 
.36 
.36 
36 
.45 
.18 
.24 
.30 
.36 
.18 



Ex. 

iPrice 



,40 



,60 



,60 



Cont. 
price 
$ .13 
.23 
.32 
.38 
.54 
.24 
.19 
.27 
30 
.32 

".12 
.51 

.19 
.•<:3 
.49 



.30 
.30 
.45 
42 
.94 



.45 
.45 

75 
.75 
.30 
.23 
.38 
.75 

75 
.57 

".38 

58 

.78 

1.20 

9.25 



Intro 
defy 
price 
if .30 
.40 
.50 
.60 
.60 
.60 
60 
.60 
.75 
.30 
.40 
.50 
.60 
.30 



Con- 
tract 
price 
■1 .24 
.32 
.40 
.48 



.48 
48 
.60 
.24 
.32 
.40 



.24 



AUTHORIZED SCHOOL BOOKS-Continued. 



First Steps in the History of Our Country 

Stowell's Physiology, A Healthy Body 

8toweirs PhysiolouT. Essentials of Health 

Copy Books : Silver, Burdett & Co., Normal, intermediate 

22 !4 Degrees, Books No. 1 to 6 inclusive per doz.. 

FROM MAYNARD MERRILL AND COMPANY, OF NEW YORK. 



Judson & Bender's Graded Literatvire Readers First Book. 
•' " Second Book 



Third Book. 

Fourth Book 

Fifih Book 

Sixth Book 

Seventh Book 

Eii^hth Book 

5th and 6th Books Combined. 

7th and 8th Books Combined . 

Reed's Word Lessons 

Reed's Introductory Language Work 

Reed & Kellogg's Graded Lessons in English 

Keed & Kellog=-'s Higher Lessons in English 

Merrill's New Graded Penmanship (Slant 38 Degrees ) 

Tracing Series, Three Numbers per dozen 

Standard Series, bis Numbers per dozen 



FROM GINN & COMPANY, OF CHICAGO. 



Wentworth's Elementary Arithmetic. 
Wentworth's Practical Arithmetic . . . . 



FROM CRANE & COMPANY, TOPEKA, KANSAS. 



Wooster's Primer. 



FROM APPLBTON & COMPANY, OF BOSTON, MASS. 



Ollendorf in English and Spanish 

Velasques Dictionary, English and Spanish. 



FROM J. F. CHAVES, SANTA FE, NEW MEXICO. 
CtiayesHistory of New Mexico (When Completed) 



Ex- 
change 
price 
% 38 
.30 
.50 

' .48 



Retail 
price 

$ .25 
.40 
.4S 
..50 
.50 
.50 
.50 
.,50 
.70 
.70 
.25 
.40 
.40 
.63 



.96 



List 

price 

■$ 80 

.65 



Intro 

duc'y 

price 

$ (iO 

..50 

.84 



wiri- 

sale 
ijrice 
$ .20 
.32 
.36 
40 
.40 
.40 
.40 
.40 
.56 
.56 
.20 
• ..82 
.30' 
.50 

".54 



Con- 
tract 
prce 

.$ ,50 
.40 
.67 

■'.40 



Con 
tract 
price 
$ .,22 
49 



List 
price 

$ .25 



Ex- 

eii'ng 

price ' 

$ .12 

.20 

.22 

.25 



.38 



INDEX. 



A 



Sec. 



AGRICULTURAL College- 
board of regents, control of vested in 3553 

qualification of members of . 3553 

appointment and term of 3553 

vacancies in, how filled 3553 

to constitute a body corporate 3553 

when and where to organize 3554 

powers and duties of 3555-3556-3557-3560-3567 

buildings, how erected 3556-3557-3562-3566-3631 

congressional act ratified 3558-3567a 

creation of , 3551 

curriculum of ...... .... • . 3553 

experiment stations to be established 3557-3564 

land for to be donated 3557-3565 

how supported 3567 

what money may be used for stations 3563 

sub-station for San Juan county 3561 

faculty, duties of 3560 

located at or near Las Cruces 3551 

management of 3560 

non-sectarian, to be strictly 3552 

officers, election and duties of 3554-3574-3575 

board may remove , 3560 

organization of board 3554 

pupils, hoard to send list to governor Sec. 4, p. 90 

records and itemized accounts Sec. 1-3, p. 88 

report to governor and superintendent of public 

instruction. Sec. 18, p. 117 

APPRAISERS: — 

board of education to appoint 1602-3 



124 COMPILATION OF THE SCHOOL LAWS 

AUDITOR: — 

apportionment of school funds Sec. 29, p. 77 

deaf and dumb school, duty of as to 3676 

education, to levy annual tax for 1537 

to levy tax for normal school buildings 8958 

to audit expenses of board of education 1559 

to draw warrant in payment for compiling and 

printing school laws Sec. 2, p. 108 

Military Institute to countersign bondo Sec. 1, p. f.'S 

Military Institute, tax levy for bond deficiency Sec. 3, p. 66 

Military Institute, tax levy to pay interest on 

bonds 3668 

normal schools, duties as to 3658 

ot levy tax to reimburse subscribers Sec. 7, p. 61 

to levy tax for Orphan Home at Belen Sec. 3, p. 98 

to draw warrants to pay members of board of. . 

education Sec. 3, p. 119 

territorial institutions to account to Sec. 1, p. 88 

ARBOR DAY: — 

to be school holiday 1625a 

governor to issue proclamation 1625a 

ASSESSORS: — 

duties of as to tax levys 1547-1549-1551 

to make poll tax list 1549-1551 

B 

BLIND, Institute for 

created and located Sec. 3, p. 92 

Act Congress June 21, 1898, applies to Sec. 5, p. 93 

board of trustees to manage Sec. 6, p. 93 

qualification and bond of , . . Sec. 6, p. 93 

duties of Sec. 7, p. 94 

empowered to build Sec. 13, p. 97 

to employ teachers and other employes Sec. 7, p. 94 

report annually Sec. 4, p. 90 

care, support and instruction free except Sec. 8, p. 95 

committee to select building site Sec. 12, p. 96 



OF THE TERRITORY OF NEW MEXICO. 125 

BOARD OF EDUCATION, Territorial: — 

how conotituted . . 1514 

expenses paid, how 1559 

proceedings of when evidence 1516 

shall prepare examination papers 1526 

may renew teachers' certificates 1526 

may authorize two counties to unite in holding 

institute, Sec. 4, p. 114 

empowered to issue course of study for county 

institutes, Sec. 2, p. 119 

empowered to revoke teachers' certificates, Sec. 2, p. 1]9 

compeuoation of members Sec. 3, p. 119 

BOARD OF EDUCATION— Cities and Towns. (See Cities and Towns.) 

BONDS: — 

directors may cause an issue how, 1541-1542 

directors must call election on issuance of Sec. 1, p. 74 1542 

terms, disposition of 1542 

how executed and approved 1542 

contractor may receive at face value 1542 

how sold, disposition of proceeds, 1542 

county treasurer chargeable with 1542 

■sinking fund provided for 1543 

all property subject to levy for 1544 

boundaries of district to be established before 

issuance of bonds, 1545 

for city or town schools 1584 

for grounds and buildings authorized 1584 

not to issue until submitted to vote 1584 

interest on, when payable, 1584 

mayor of city to call election on issuance of 1585 

how executed and what to specify 1586 

sinking fund provided for 1587 

coupons to be promptly paid 1588 

school fund pledged to payment of interest 1589 

bond issue to be registered 1590 

warrants to be registered 1590 

in case of failure to vote Sec. 2, p. 74 

validated and legalized Sec. 1, p. 90 

may b'e refunded and how Sec. 2, 3, p. 90 

required to be refunded Sec. 13, 26, p. 76 



126 COMPILATION OF THE SCHOOL LAWS 

BOOKS: — 

for indigent pupils, 1555 

territorial board to adopt 1593 

once adopted not to be changed for four years. . . . 1595 

history of New Mexico to be adopted Sec. 4, p. 102 

BOUNDARIES, of school districts: — 

how established 1545-1546 

how changed 1541 

e 

CENSUS:— 

of school children 1535 

CITIES AND TOWNS: — 

■school law applicable to 1561 

free schools to be mainta'ned in 1562 

time schools are to be kept open 1562 

school age of children. .. .' 1535-1562 

children under seven may be excluded 1562 

territory outside, may be attached how 1563 

school boards of, bodies corporate 1564 

may sue and be sued 1564 

powers of boards 1564-1569 

school property to be deeded to board 1565 

deed for property how executed 1566 

election of board of education Sec. 2, p. 100. .1567 

members of board, term of office 1567 

members of council and town trustees ineligible 1576 

qualifications of members of board , 1567 

vacancy how filled 1533-1568 

board to elect officers 1569-1570 

may elect a clerk, pay of 1570 

duties of clerk .1535-1549-1550-1575-1577-1590 

city treaiurer to be treasurer of board 1571 

bond treasurer, duties of 1571 

bank to pay interest on average balance 1571 

members of board not to receive pay 1572 

president, duty of 1573 



OF THE TERRITORY OF NEW MEXICO. 127 



vice-president, duties of 5^574 

cleiiv of board to give and file bond 1576-1591 

taxes, board to levy property subject to 1577-1578 

taxes how paid, disposition of proceeds 1578 

sessions of board when to be held I579 

special sessions may be called I579 

report of board to be printed and distributed 158O 

expenditure of board limited , 15§1 

schools to be non-sectarian 1582 

board to request mayor to call election when 1535 

board may hold Gpecial institutes. f^iec. 3, p. 82 

board to employ superintendent. See. 3 p. 82 

board to levy tax Sec. 3] p. 82 

board when and how elected, Sec. 2, 3, p. 100 

Santa Fe authorized to issue bonds, Sec. 1, p. 106 

bonds validated and legalized Sec. 1, p. 90 

bonds may be refunded and how Sees. 2, 3, p. 90 

required to refund bonds , . ... Sees. 13, 26, p. 76 

all school property to be exempt from taxation.. 1583 
board authorized to issue bonds if voters so 



declare. 



1584 



bonds how signed and attested 1586 

tax levy to pay interest on bonds and create sink- 
ing fund, ... .' , 1587 

interest coupons to be promptly paid 1588 

school fund and property pledged to payment of 

interest 1589 

oath of member of board . . , I59I 

property not to be transferred except when 1592 

CLERKS: — 

to register bond issue I59O 

to register warrants 1590 

to report to county superintendent Sec. 8, p. 118 1535-1550 

to publish compulsory education act 1555 

election of 1579 

bond.... 1576-1591 

duties of 1575 

to collect and report poll tax 1549-1550 

to report deaf or mute persons „ , Sec. 4, p. 73 

CONDEMNATION: — 

of land for school purposes I553 

COMPULSORY ATTENDANCE: — 

of pupils 1555 



128 COMPILATION OF THE SCHOOL LAWS 



COUPONS:— 

interest to be paid promptly on 1588 

CERTIFICATES. (See Teachers.) 

COMPILATION of School Laws: — 

Supt. Public Instruction to compile and print Sec. 1, 'p. 102 

appropriation for printing and compiling Sec. 2, p. 103 

distribution of copies Sec. 3, p. 103 

CONVEYANCE of land, execution of 1611 

D 

DEAF AND DUMB school: — 

auditor duty as to 3676 

committee of, who shall be 3673 

duty as to non-indigent pupils 3674 

duty of, to 'provide buildings. . , ^ 3675 

creation of school 3672 

expenses of, how paid 3675 

management of , 3673 

territorial school to be a 3676-3677 

DEAF AND DUMB, New Mexico Asylum: — 

(Act of Legislature, 1899.) 
board of trustees — powers of — to make report... 

terms of admission 

name of institution changed 

census of deaf and mute to be made 

Indians admitted, on what terms.... 

Supt. public instruction a trmtee 

trustees appointed by governor 

donation of land by congress accepted 

compulsory atendance of pupils, Sec. 1555, C. L. 

made applicabllie .... 

(Act of Legislature, 1903.) 

created 

Act of Congress June 21, 1898, applies 

board of trustees to manage 

qualification and bond 

duties of 

empowered to build 

keep record and itemized accounts 

list of pupils to be sent to governor 



Sec. 


2, 


p. 


71 


Sec. 


3, 


p. 


72 


Sec. 


1, 


p. 


70 


Sec. 


4, 


P- 


73 


Sec. 


3, 


p. 


72 


Sec. 


2, 


P- 


71 


Sec. 


2, 


P- 


71 


Sec. 


2, 


P- 


71 


Sec. 


4, 


P- 


73 


Sec. 


1, 


P. 


92 


Sec. 


5, 


p. 


p.*? 


Sec. 


6, 


p. 


93 


Sec. 


6, 


p. 


93 


Sec. 


7, 


p. 


94 


Sec. 


13, 


p. 


97 


Sec. 


1, 


p. 


88 


Sec. 


4, 


p. 


90 



OF THE TERRITORY OF NEW MEXICO. 129 

DIPLOMAS AND DEGREES 1624-1625 

DIRECTORS, School: — 

election of, . 1532-1563-1^67, and Sees. 1, 2, 3, p. 86 

may sue and be sued under name of district 1530 

to be judge3 of election 1532 

to post notices of election, penalty for failure. . .. 1532 

to certify result of election, penalty for failure. .. . 1532 

contested election of 1532 

to report to county superintendent.... 1535 

failure to report, penalty 1535 

board, organization of 1533 

vacancy, how filled 1533 

powers and duties 1533-1535 

to provide school house sites and houses 1534-1535 

to provide fuel and pay teachers 1534 

failure to perform duty, penalty 1535 

to levy tax 1534 

may levy special tax for sinking fund 1543 

to make estimate for tax levy 1535 

to purchase or lease suitable 'lites 1535 

to defray other contingent expenses 1535 

to provide for interest on school bonds 1535 

to pay school teachers 1535 

to enumerate school children 1535 

to call election on issuance of bonds Sec. 1, p. 74. .1542 

to refund indebtedness and issue bonds Sec. 13, 26, p. 76 

to require bond from contractors. Sec. 7, p. 114 

not to be interested in contract Sec. 7, p. 114 

to meet at least once every thirty days Sec. 11, p. 116 

to accompany vouchers with itemized statements Sec. 9, p. 115 

may be removed when. 1532-1535.... Sec. 1, p. 74 

clerk to report to county superintendent, penalty 

for failure Sec. 8, p. 11 5 

clerk to make census of deaf and dumb Sec. 4, p. 73 



ELECTIONS: (See Cities and Directors.) 

of directors Sees. 1,2, 3, p. 86 1532-1563-1567 

of member board of education Sec. 2, p. 100 1567 

EXAMINATIONS: (See Teachers.) 



130 COMPILATION OF THE SCHOOL LAWS 

F 

FUNDS: (See also Taxation.) 

apportionment of 1517-1558 

temporary, what are 1548 

officer collecting to turn over to county treasurer 1548 
county treasurer to notify county superintendent 

of amount 1548 

officer failing to turn over or report, penalty 1548 

derived from general levy, paid where and appor- 
tioned 1558 

arising from sale of lots, paid where 1608 

arising from sale or lease of public lands Sec. 7-29, p. 77 

apportionment by territorial superintendent Sec. 29, p. 77 

arising from fines imposed on liquor dealers and 

gamblers , Sec. 5, p. 80 

G 

GOVERNOR:— 

may remove tax collector when 1540 

to be member of territorial board 1514 

to appoint superintendent of public instruction. . , . 1516 

may remove any school officer when Sec. 6, p. 84 

may remove county superintendent Sec. 14, p. 116 

GRAND JURY: — 

special charge to by court 1548-1555 

H 

HOUSES, School:— 

location of 1552 

condemnation of land for 1553 

bonds for, how voted 1541-1542 

bonds for, failure to vote Sec. 2, p. 74 

residents may petition for Sec. 1, p. 74 

building of, how enforced Sec. 1, p. 74 

surplus from general fund may be applied' to 

building of Sec. 1, p. 104 

superintendent, duty on presentation of petition. . Sec. 2, p. 104 

manner of utilizing surplus funds Sec. T.-3, p. 104 

when surplus moneys are insufficient to complete Sec. 3, p. 105 

insurance of Sec. 4, p. 106 

territorial superintendent to enforce building of. . Sec. 3, p. 74 



OF THE TERRITORY OF NEW MEXICO. 131 

HIGH SCHOOLS:— 

may be established when 1569 

HISTORY OF NEW MEXICO: — 

to be written by J. Franco. Chave3 Sec. 1, p. 101 

to be adopted as text-book when approved by terri- 
torial board Sec. 1-4, p. 101 

HOLIDAYS: — 

1625a, and Sec. 20, p. 118 

I 

INSTITUTES: (See Normal Schools, and Teachers.) 



JUDGES, of District Courts: — 

special charge to grand jury, 1548-1555 

to appoint members of examing board 1526 



LIQUOR: (See Pupils.) 



M 



MILITARY INSTITUTE New Mexico: — 

creation of, location of 3660 

board of regents to control 3661 

governor and superintendent of public instruction 

ex-of ficio members .... 3661 

to serve without compensation 3661 

appointment of, term of 3661 

organization of 3662 

duties of 3663-3665-3669 

bond issue authorized 3667 

auditor to levy tax for 3668 

• proceeds of bonds how used 3668-3669 

lands of, may sell and dispose of 3665 

deeds for, how executed 3666 

tuition free, board may charge 3671 

adjutant general to inspect annually Sec. 4, p 

bonds. Issue of , Sec. 1, p 

bonds, proceeds of to be expended how Sec. 2, p 

cadets, appointment of Sec. 6, p 

treasurer of territory to pay interest on bonds .... Sec. 4, p 
government and discipline Sec. 1-5, p 



132 COMPILATION OF THE SCHOOL LAWS 



lands to be sold to redeem bonds when Sec. 5, p. 67 

tax levy for bond deficiency Sec. 3, p. 66 

stores to be kept bow Sec. 3, p. 69 

commissions to cadets having highest standing. . Sec. 5, p. 69 
report in duplicate to be rendered governor and 

superintendent of public initruction Sec. 18, p. 117 

record and itemized' accounts to be kept Sec. 1, p. 88 

list of pupils to be sent to governor Sec. 4, p. 90 

N 

NORMAL SCHOOL: (County.) 

county superintendent to hold annually..., ..... 1612 

expenses of, how paid 1613 

attendance of teachers compulsory 1613 

fund, how created 1614 

county treasurer to be custodian of 1614 

claims on, how paid 1616 

county superintendent to account to treasurer. . . . 1615 

fund to be set apart by county treasurer Sec. 1, 'p. 118 

territorial board to issue course of study Sec. 2, p. 119 

two counties may unite in holding Sec. 4, p. 114 

NORMAL SCHOOLS OF NEW MEXICO: — 

creation of and established where 3650 

Silver City, where to be fflocated in 3651 

Las Vegas, where to be located in 3651 

regents to be in control of 3652 

organization of, qualifications of , 3653 

corporate powers of , . . . , 3652 

sessions of when .... 3653-3654 

to elect officers when 3653 

secretary ar,d treasurer to give bond 3653 

quorum of board, a majority a 3654 

powers of regents v 3655 

to determine what branches shall be taught 3655 

president of board, dnties of 3656 

secretary and treasurer, duties of 3656 

compensation of regents 3657 

auditor to levy tax for buildings 3658 

diplomas, effect of 3659 

lands, to receive certain Sec. 1, p. 61 

funds not to be used for expenses Sec. 1, p. 61 

pupils, to send list to governor Sec. 4, p. 90 

records and itemized accounts to be kept Sec. 1-3, p. 88 

report to governor and superintendent of public 

instructi6n Sec. 18, p. 117 



OF THE TERRITORY OF NEW MEXICO. 133 

NORMAL UNIVERSITY, The New Mexico: — 

name clianged . . . . : •' Sec. 1, p. 60 

manual training, kindergarten training Sec. 2, p. 60 

diplomas, concerning , 3659 

non-sectarian Sec. 3, p. 60 

tuition, respecting 3655 

- appropriation to reimburse citizens Sec. 7, p. 61 

lands to receive benefit of certain Sec. 1, p. 61 

pupils, to send list to governor Sec. 4, p. 90 

records and itemized accounts to keep Sec.1-3, p. 88 

report to governor and superintendent of public 

instruction Sec. 18, p. 117 



ORPHANS: — 

duty of probate judge in relation to 1622 

ORPHANS' HOME AND INDUSTRIAL SCHOOL: (Sisters Charity, 
Santa Fe.) 
provisions as to 1617-1622 

ORPHAN CHILDREN'S HOME: (At Belen.) 

creation and provisions as to p. 98 



PROBATE JUDGE: — 

duty of in relation to orphans 1622 

duty of in relation to indigent deaf and dumb Sec. 4, p. 73 

PUPILS: — 

actual residents to attend school 1556 

compulsory attendance. . .. .- l^^^ 

school age of 1535-1562 

no distinction to be made on account of race or 

nationality 1^^^ 

unlawful to sell liquor or tobacco to Sec. 1, p. 79 

unlawful to permit them to play at games of 

chance ^®^- ^' P 

unlawful to permit them to loiter in saloons Sec. 3, p 

vaccination of Sec. 26, p 

vaccination of indigent Sec. 27, p 

vaccination of Sec. 29. p 

vaccination of ind^' gent Sec. 30, p 

vaccine matter provided at cost of authorities Sec. 31, p 



79 

79 

81 

81 

112 

112 

113 



134 COMPILATION OF THE SCHOOL LAWS 



Q 

QUAY COUNTY:— 

commissioners to divide into districts and appoint 

officers Sec. 3, p. 100 

until appointment of officers, authorities of Guad- 
alupe and Union counties to act..... Sec. 13, p. 100 

R 

REFORM SCHOOL:— 

created, site to be located Sec. 2, p. 92 

Act of Congress June 21, 1898, applies to Sec. 5, p. 93 

board of trustees to manage, ". Sec. 6, p. 93 

report annually list of pupils Sec. 4, p. 90 

qualification and bond of Sec. 6, p. 93 

to keep record and itemized accounts Sec. 1, p. 88 

duties of Sec. 7, p. 94 

empowered to build Sec. 13, p. 97 

to employ superintendent and other employes Sec. 7, p. 94 

cause for confinement in Sec. 10, p. 95 

inmates to perform useful labor Sec. 11, p. 96 

committee to select building site Sec. 12, p. 96 

duty of courts Sec. 10, p. 95 

REVENUE: (See also Funds.) 

sources of 1548 

ROOSEVELT COUNTY: — 

commissioners to divide into districts and appoint 

officers Sec. 3,p. 99 

unpaid taxes and licenses-proportion to school fund Sec. 9, p. 99 



S 



SANDOVAL COUNTY: — 

districts and officers unchanged Sec. 10, p. 102 

SCHOOL SECTIONS: — 

unlawful to cut timber on Chap. 81, p. 103 

preference right to lease or purchase Sec. 30, p. 78 

SCHOOL YEAR:— 

what shall be. Sec. 1, p. 113 

SANTA FE. City of: — 

bond issue to erect school building Sec. 1, p. 106 

election to be called Sec. 1, p. 306 



OF THE TERRITORY OF NEW MEXICO. 135 



special tax to pay interest on bonds Sec. 2, p. 108 

sale of bonds Sec. 3, p. 109 

material and labor to be furnished by penitentiary Sec. 4, p. 109 

board of education to provide ground, etc., Sec. 5, p. 110 

donation of land Sec. 6, p. 110 

SCHOOL OF MINES: — 

board of trustees constituted how 3594 

corporate powers of 3594-3598 

organization of 3595 

diplomas and degrees 3600-3659 

fees, for assays and other services ,. 3603 

government; of 3599 

land for, to be donated 3592 

location of 3593 

management of .. , 3594 

objects of school 3593 

officers of, board may remove 3601 

powers and duties of board 3594-3598 

preparatory department , 3605 

president, duties of 3596 

quorum, a majority a 3594 

secretary and treasurer 3595-3597 

tuition, provision as to 3602-3605 

list of pupils to be sent to governor Sec. 4, p. 90 

record and itemized accounts to be kept Sec. 4, p. 90 

report to be made to governor and superintendent 

public instruction Sec. 18, p. 117 

lands, to receive benefits from certain Sec. 2, p. 62 

SUPERINTENDENT: (County.) 

how elected 1524 

term of office of 1524 

oath and bond of 1525 

to make report 1526-1528 

to approve bonds issued 1542 

to apportion school fund 1526-1558 

penalty for violating rules of territorial board 1596 

to visit schools 1526 

to account to treasurer for moneys 1615 

to hold normal schools 1612 

to hold teachers' examinations 1526 

to grant certificates. Chap. 119, Sec. 3, p. 113.,.. 1526 

to refuse certificates when ■ 1613 

paying teachers not qualified, penalty 1526 

to post notice of formation of district 1527 



136 COMPILATION OF THE SCHOOL LAWS 



annual report to territorial superintendent, Chap, 

119, Sec. 14, p. 116 1527 

shall require directors to comply with provisions 

of sec 1555 

to transmit funds derived from institutes 1615 

disbursement of institute funds 1616 

to call election on issuance of school house 

bonds Sec. 1, p. 74 

vaccination of children Sees. 26, 27, p. 81 

vaccination of children Sees. 29, 30, 31, p. 112 

duty of on failure of bond election Sec. 2, p. 74 

perdiem of superintendent Sec. 6, p. 82 

to give bond within thirty days Sec. 1, p. Ill 

penalty for failure to give bond Sec. 3, p. Ill 

failure to make apportionment and report, penalty Sec. 4, p. Ill 

not to be interested in contract Sec. 7, p. 114 

to examine director's accounts Sec. 11, p. 116 

to be at county seat when Sec. 11, p. 116 

duty of on presentation of petition to build school 

house Sec, 2, p. 104 

to reject illegal warrant! of directors Sec. 12, p. 116 

to remove director who fails to make census Sec. 13, p. 116 

failure to make annual report, penalty Sec. 14, p. 116 

to apportion school funds Sec. 15, p. 117 

may be suspended by territorial superintendent.. Sec. 14, p. 116 

may be removed by governor Sec. 14, p. 116 

SUPERINTENDENT: (City Schools.) 

board may employ Sec. 3, p.. 82 

to hold special teachers' institute. Sec. 3, p. 82 

to report to county superintendent Sec. 8, p. 115 

term of employment not to exceed two years Sec. .16, p. 117 

SUPERINTENDENT: (Territorial.) 

how appointed 1516 

to be secretary of territorial board 1516 

duties of 1516-1519-1523 

oath of office 1519 

to visit each county annually , 151 9 

to recommend text-books 1520 

to prepare necessary forms and blanks 1521 

to prepare and publish annual report 1522 

report shall contain. ... 1-522 

to have office at seat of government • 1523 

official acts of, how certified 1523 

when evidence 1523 



OF THE TERRITORY OF NEW MEXICO. 137 

to turn over property to successor 1523 

county superintendent to report to. Sec. 14, p. 116 

county superintendent, may suspend when Sec. .14, p. llg 

officers of higher educational institutions to re- 
port to Sec. 18, p. L17 

to enforce Chap. 46, Laws 1899 Sec. ?,, p. 74 

to be trustee deaf and dumb asylum Sec. 2, p. 71 

to make apportionment territorial funds Sec. 29, p. 77 

to notify county superintendents of cases of tu- 
berculosis Sec. i . p. 85 

to compile and print school laws Sec. 1, p. 102 

T 

TAXATION: — 

tax levy to be voted upon 15.35 

city board to levy 1577 

disposition of proceeds loYS 

tax collector failing to turn over funds, penalty.. I.=;i0 

to keep account in separate books of 3pecial taxes 1540 

tax levy, auditor to make annual 13.37 

" special by district board. 154.3 

property subject to ] .^44 

" special not to be made until 154"» 

poll 1549-1!^51 

" to pay interest on bonds ... . 15§7 

" city boards to make Sec. 3, p. 82 

exemption Sec. 1, p. 87 

taxes, kow collected and apportioned. 1537 

TEACHERS:— 

examination of 1526 

special examination 1526 

general average grade required , 1526 

certificates, first and second grade 1526 

certificates, third grade Sec. 3. p. 113 

certificates revoked when Sec. 2, p. 119 

board of education in incorporated town or city 

may issue 1526 

certificate of health to be filed Sees. 2-3, , p. 83 

certificate of attendance on normal or summer 

school required 1526-1613 

to be paid when 1536 p. 87 

to be free from tuberculosis Sec. 1, p. 83 

examination of for tuberculosis Sees. 6,2,3,5, p. 83 

certificate of physician, to hold Sec. 2,3, p. 83 



138 COMPILATION OF THE SCHOOL LAWS 



once rejected by physician, shall apply to no 

other Sec. 2, p. 86 

(on subject of tuberculosis see also) p. 85 

to see that children are vaccinated Sec. 29, p. 112 

failure to make report, penalty Sec. 14, p. 116 

to keep a record 1536 

to make reports to and when 1536 

to attend teachers' institutes 1612-1613 

institutes, how held. Sec. 3, p. 82 1519 

TOWNS: (See Cities.) 

TOBACCO: (See Pupils.) 

TREASURER: (County.) 

to notify county superintendent of funds on hand 1548 

to give bond as custodian of school fund 1538 

to set aside funds to build school houses when Sec 2, p. 74 

TREASURER: (Territorial.) 

to pay interest on Military Institute bonds Sec. 4, p. 66 

to certify amount of school money on hand Sec. 29, p. 77 

TUBERCULOSIS: (See Teachers.) 



U 



UNIVERSITY OF NEW^ MEXICO: — 

board of regents, control vested in 3571 

qualifications of 357I 

how appointed 3571-3672 

to be a body corporate 3573 

how organized 3574 

secretary to give bond 3574 

president, duties of 357.5 

powers of board 3576-3586 

buildings, board may contract for 3582 

when completed may be purchased 3585 

commissioners to select land 3587 

duties of 3588-3591 

curriculum, as prescribed by board 3578 

diplomas and degrees . . 3578-3659 

departments of 3577 

faculty, departments to be entrusted to 3578 

grounds, board may lease part of 3583 

lands for, how to be selected 3587-3591 

location of, where 3568 

non-sectarian, to be 358C) 



OF THE TERRITORY OF NEW MEXICO. 139 



objects to university 357O 

officers of 3574-3575-3578 

board may remove 3578 

pupils of, who may be 3579 

quorum, what to constitute 3581 

to be state institution, when 35f;9 

taxation, building exempt from 3584 

territory when not liable 3586 

report, board to make annual to governor in du- 
plicate Sec. 18, p. 117 

pupils; to send list to governor Sec. 4, p. 90 

records and itemized accounts to be kept Sec. 1-3, p. 88 

V 

VACCINATION: (See Pupils.) 



B 3 '03 



